Kiefer v. Continental Airlines, Inc.

Appellant’s first point of error raises the issue of whether § 1305 of the Airline Deregulation Act preempts its state tort law causes of action.

In 1978, Congress enacted the Airline Deregulation Act (ADA). 49 U.S.C.A.App. §§ 1301-1389 (West 1976 & Supp.1994). To ensure that the States would not undo federal- deregulation with regulation of their own, Congress included a preemption provision, prohibiting the States from enacting or enforcing “any law ... relating to rates, routes or services of any air carrier....” 49 U.S.C.A.App. § 1305(a)(1). An analysis of the interpretation and scope of…