Category: Preemption – ADA

Airline not liable for refusing to transport customer who lacked required travel documents

March 28, 2011

Reed v. Delta Airlines, Inc. (S.D.N.Y. Mar. 23, 2011).  The plaintiff and her dog, Blondie, arrived at John F. Kennedy International Airport to check in for their flight to Ghana.  Delta personnel informed the plaintiff that she lacked certain documents that Ghana required for Blondie to enter the country.  The plaintiff put Blondie in a cab to … More Airline not liable for refusing to transport customer who lacked required travel documents

Holders of airline gift cards who did not use them, lost them

February 13, 2011

Restivo v. Continental Airlines, Inc. (Ohio App. Jan. 20, 2011).  Continental sold gift cards for air transportation that were valid for one year after issuance.  Purchasers agreed in writing to the one-year validity period.  When the airline refused to honor expired cards, cardholders commenced a class action lawsuit, alleging that Continental had violated Ohio’s gift … More Holders of airline gift cards who did not use them, lost them

Court rejects parent’s contention that airline has duty during boarding to ensure compliance with child custody orders

December 12, 2010

Braden v. All Nippon Airways Co., Ltd. (Cal. App. 2nd Dist. Oct. 13, 2010).  In a child custody case, the court had denied the mother’s request to move to Japan with her infant daughter and had ordered that she surrender her daughter’s passport.  Despite the order, the mother, using the passport, took the child with … More Court rejects parent’s contention that airline has duty during boarding to ensure compliance with child custody orders

Federal court slices, dices and dismisses ticket-related complaint on subject matter jurisdiction grounds

August 1, 2010

Onyiuke v. Cheap Tickets, Inc. & Virgin Atlantic Airways Limited (D.N.J. Dec. 31, 2009).  In August 2008, the plaintiff purchased a ticket, through CheapTickets.com, for roundtrip travel from Newark Liberty International Airport to Lagos, Nigeria, connecting in Gatwick Airport.  The first segment was to be on a Continental flight in mid-December 2009, and the connecting flight … More Federal court slices, dices and dismisses ticket-related complaint on subject matter jurisdiction grounds

Third Circuit upholds summary judgment for airline in overbooking case

June 6, 2010

Kalick v. Northwest Airlines Corp. (3d Cir. (N.J.) Mar. 29, 2010).  Northwest bumped the customer from a flight from Kansas City to Philadelphia.  The customer responded by filing a lawsuit in federal district court, alleging that Northwest had violated 14 C.F.R. § 250.9 by failing to provide him compensation for the bumping and also asserting state … More Third Circuit upholds summary judgment for airline in overbooking case

Massachusetts judges part ways on scope of ADA preemption in skycap tips cases

August 16, 2009

Travers v. JetBlue Airways Corporation (D. Mass. July 23, 2009).  According to the plaintiff skycaps, JetBlue diverted tip revenue to itself by imposing a $2 fee for each bag checked by a passenger at the curbside.  The skycaps claimed that their compensation, most of which took the form of tips, had decreased substantially because few … More Massachusetts judges part ways on scope of ADA preemption in skycap tips cases

Passenger ground delay case is trimmed but survives

September 1, 2008

Ray v. American Airlines, Inc. (W.D. Ark. Aug. 22, 2008).  The passenger’s December 2007 flight on American from Oakland to Dallas was diverted to Austin due to weather conditions.  The passenger claims that she was confined to the aircraft in Austin against her will and that she endured “deplorable conditions” during the 11-hour ground delay. … More Passenger ground delay case is trimmed but survives

Court rules on summary judgment motions in charter flights class action

April 28, 2008

In re Nigeria Charter Flights Contract Litigation (E.D.N.Y. Oct. 25, 2007).  In 2002, World Airways, Inc. and Ritetime Aviation and Travel Services, Inc. entered into a charter aircraft services agreement under which World agreed to supply Ritetime with round-trip flights between points in the U.S. and Lagos, Nigeria.  The charter flights began but, by the … More Court rules on summary judgment motions in charter flights class action

Second Circuit grounds New York’s airline passenger “Bill of Rights”

April 9, 2008

Air Transport Association of America, Inc. v. Andrew Cuomo (2d Cir. (N.Y.) Mar. 25, 2008).  New York’s airline passenger “Bill of Rights” required that airlines provide passengers with food, water, electricity and working restrooms during ground delays over three hours.  The Second Circuit held that 49 U.S.C. § 41713(b)(1), the preemption provision of the Airline … More Second Circuit grounds New York’s airline passenger “Bill of Rights”

Court partially grants airline motion to dismiss injured passenger’s complaint

January 29, 2008

Levy v. Continental Airlines, Inc. (E.D. Pa. Oct. 1, 2007).  During a flight from Houston to Philadelphia, the passenger was injured when a large ceramic bowl fell from a broken or improperly closed overhead compartment and struck her head.  The passenger filed a lawsuit against the airline, alleging that it had negligently violated duties of … More Court partially grants airline motion to dismiss injured passenger’s complaint