Julie Duncan, on Behalf of Herself and All Others Similarly Situated v. Northwest Airlines, Inc.,opinion

REINHARDT, Circuit Judge:

In this case, we must determine whether a class-action tort suit brought against Northwest Airlines by some of its flight attendants is preempted by the Airline Deregulation Act. We hold that it is not.

I. BACKGROUND

Julie Duncan, as the named plaintiff, filed a class-action, personal-injury lawsuit against Northwest Airlines in Washington state court. Brought on behalf of nonsmoking flight attendants who served as crew members on Northwest’s smoking flights to and from Asia, the suit raises a claim based on Northwest’s smoking policy. At the time the action was filed,…