Legal Opinion

Donna Jean Harris v. American Airlines, Inc., a Delaware Corporation, and John Doe, a Fictitious Party

Court of Appeals for the Ninth Circuit

Decided June 1, 1995No. 92-36768PublishedCited by 23 opinions

1Opinion of the Court

LEAVY, Circuit Judge:

The issue before us is whether section 1305(a)(1) of the Federal Aviation Act, also known as the Airline Deregulation Act (the Act), 49 U.S.CApp. §§ 1301-1308 (1978 and Supp.1994) preempts state law claims against an airline for negligence, the intentional infliction of emotional distress, and violation of a state public accommodation statute where one passenger harassed another by making rude and obnoxious remarks indicative of racial animus.

On September 30, 1990, Donna Jean Harris (Harris), a black female, traveled from Dallas, Texas, to Portland, Oregon, on American…

2Cases cited7 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
  3. American Airlines, Inc. v. WolensSupreme Court of the United States · 1995
  4. Michael Hingson v. Pacific Southwest Airlines, a California CorporationCourt of Appeals for the Ninth Circuit · 1984
  5. William D. West v. Northwest Airlines, Inc.Court of Appeals for the Ninth Circuit · 1993

2 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Charas v. Trans World Airlines, Inc.Court of Appeals for the Ninth Circuit · 1998
  2. Deerskin Trading Post, Inc. v. United Parcel Service of America, Inc.District Court, N.D. Georgia · 1997
  3. AMR Corp. v. EnlowCourt of Appeals of Texas · 1996
  4. Julie Duncan, on Behalf of Herself and All Others Similarly Situated v. Northwest Airlines, Inc.,opinionCourt of Appeals for the Ninth Circuit · 2000
  5. Harris County Wrecker Owners for Equal Opportunity v. City of HoustonDistrict Court, S.D. Texas · 1996

18 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API