A consumer filed a class action lawsuit against a commercial airline on May 30, 2023, in the U.S. District Court for the Central District of California alleging three violations of California state law related to unfair and...more
6/6/2023
/ Advertising ,
Airline Deregulation Act ,
Airlines ,
Carbon Emissions ,
Carbon Off-Set Credits ,
Class Action ,
Department of Transportation (DOT) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Greenwashing ,
Preemption
In Garcia v Aerovias de Mexico, S. A., the district court remanded all but two actions among 14 that had been removed to federal court on diversity of jurisdiction and federal question grounds. The cases arose from the failed...more
The U.S. Courts of Appeals for the Eighth and Tenth Circuits recently affirmed district court opinions holding that the Airline Deregulation Act (ADA) preempted state law claims that challenged prices charged by air ambulance...more
10/15/2018
/ Airline Deregulation Act ,
Airlines ,
Ambulance Providers ,
Appeals ,
Breach of Implied Contract ,
Consumer Protection Laws ,
Damages ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Injunctive Relief ,
Insurance Contracts ,
Preemption ,
Pricing ,
Putative Class Actions ,
State Law Claims ,
Unjust Enrichment
• Airline Deregulation Act (ADA) preempts class action claims seeking to enforce Florida statute that limits an air ambulance operator's prices by prohibiting balance billing of unpaid invoices.
• McCarran-Ferguson Act...more
5/25/2018
/ Airline Deregulation Act ,
Airlines ,
Ambulance Providers ,
Aviation Industry ,
Billing ,
Class Action ,
Dismissals ,
Insurance Industry ,
McCarran-Ferguson Act ,
Preemption ,
Pricing ,
Summary Judgment
In Martin v. United Airlines, Inc., __ Fed. App'x __, 2018 WL 992289 (10th Cir. Feb. 21, 2018), Oklahoma residents brought a putative class action asserting various breach of contract theories against the airline arising from...more
3/20/2018
/ Airline Deregulation Act ,
Airlines ,
Airports ,
Appeals ,
Aviation Industry ,
Breach of Contract ,
Contract Terms ,
Cost Recovery ,
Covenant of Good Faith and Fair Dealing ,
Failure To State A Claim ,
Preemption ,
Putative Class Actions ,
Refunds ,
Ticket Pricing ,
Travelers ,
United Airlines
In April 2014, the U.S. Supreme Court held that the Airline Deregulation Act (ADA) preempted a frequent flyer program member's common law claim for breach of the implied covenant of good faith and fair dealing because the...more
The U.S. Supreme Court unanimously holds that the Airline Deregulation Act (ADA) preempts a state-law claim for breach of the implied covenant of good faith and fair dealing where it seeks to enlarge the parties' voluntary...more
In a significant decision for the airline industry, the U.S. Court of Appeals for the First Circuit affirmed the district court's summary judgment dismissal of common law tort claims against an airline arising out of a...more
In the past few months, courts have issued several decisions favorable to the airlines finding preemption of various state law claims and rejecting breach of contract claims. The decisions address a variety of passenger...more
Resolving an issue of first impression, the U.S. Court of Appeals for the First Circuit in Brown v. United Airlines, Inc. affirmed the district court's holding that common law claims, like statutory claims, are subject to...more
This spring, the U.S. Supreme Court granted certiorari to review two decisions that significantly affect the aviation industry, namely airline immunity under the Aviation and Transportation Security Act (ATSA) and preemption...more