Hickcox-Huffman v. US Airways, Inc.

Plaintiff’s state-law-based breach of contract claim for delayed delivery of checked luggage was not preempted by the federal Airline Deregulation Act of 1978.  The Airline Deregulation Act of 1978 does not preempt a state law breach of contract claim against an air carrier.  Here, plaintiff alleged that the carrier breached its contract when it charged her $15 to transport her checked baggage and then didn’t refund the $15 when the carrier failed to deliver the bag to its destination until a day after plaintiff arrived there.

Ninth Circuit Court of Appeals (Kleinfeld, J.); May 3, 2017; 2017 WL 1658487

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s