Legal Opinion
Cartegena v. Continental Airlines, Inc.
District Court, S.D. Texas
Decided September 24, 1997No. Civ.A. H-97-2516PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
ATLAS, District Judge.
Plaintiff Carlos Cartegena has moved for remand of this action pursuant to 28 U.S.C. § 1447(c). Defendant Continental Airlines, Incorporated opposes, arguing that the Federal Aviation Act of 1958 implicitly preempts Plaintiffs claims.
BACKGROUND FACTS
Plaintiff was a passenger aboard Continental Flight No. 267, a direct flight from Newark, New Jersey to San Juan, Puerto Rico, on June 25, 1995. While the aircraft was enroute to Puerto Rico, the flight encountered severe weather conditions allegedly causing 23 of its 257 passengers to sustain a multitude…
2Cases cited19 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
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3Cited by3 opinions
- Lewis v. Continental Airlines, Inc.District Court, S.D. Texas · 1999
- Interstate Service Provider, Inc. v. JordanDistrict Court, E.D. Texas · 2021
- Kim v. LeeDistrict Court, S.D. Ohio · 2021