Legal Opinion

People Ex Rel. Harris v. Delta Air Lines, Inc.

California Court of Appeal

Decided May 25, 2016No. A139238PublishedCited by 2 opinions

1Opinion of the Court

Opinion

JENKINS, J.

In this appeal we hold that this lawsuit filed by the People, on behalf of the State of California (the State), under the unfair competition law (Bus. & Prof. Code § 17200 et seq.; UCL), 1 against Delta Air Lines, Inc. (Delta), is expressly preempted by the Airline Deregulation Act of 1978 (49 U.S.C. § 41713(b)(1)) (ADA). By its complaint, the State seeks injunctive and monetary damages based on an allegation that Delta’s Fly Delta mobile application is in violation of the privacy policy requirements mandated by California’s Online Privacy Protection Act of 2003 (Bus. &…

2Cases cited55 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  3. Rodriguez De Quijas v. Shearson/American Express, Inc.Supreme Court of the United States · 1989
  4. Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
  5. New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995

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3Cited by2 opinions

  1. Kemp v. Super. Ct.California Court of Appeal · 2022
  2. SCHNUR v. JETBLUE AIRWAYS CORPORATIONDistrict Court, W.D. Pennsylvania · 2024

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