Legal Opinion

Fenn v. Trans National Travel, Inc.

Massachusetts Superior Court

Decided June 15, 2002No. 0100962Published

1Opinion of the CourtFabricant, J.

INTRODUCTION

This action arises from the defendant air charter company’s imposition of a twenty-dollar per ticket “fuel surcharge fee,” allegedly without prior notice to the plaintiff passengers. Presently before the Court is the defendant’s “Motion to Dismiss or, in the Alternative, for Summary Judgment.” For the reasons that will be explained, the motion will be allowed.

BACKGROUND

The complaint alleges the following facts. In November 1999, the plaintiffs, Fenn and Zadeh, planned a family vacation to Aruba for themselves and their son, to begin on December 11,1999. Relying on advice from his…

2Cases cited42 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Cort v. AshSupreme Court of the United States · 1975
  3. Alexander v. SandovalSupreme Court of the United States · 2001
  4. Kourouvacilis v. General Motors Corp.Massachusetts Supreme Judicial Court · 1991
  5. Pederson v. Time, Inc.Massachusetts Supreme Judicial Court · 1989

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