Legal Opinion

Romano v. American Trans Air

California Court of Appeal

Decided August 29, 1996No. B100047PublishedCited by 7 opinions

1Opinion of the Court

Opinion

VOGEL (Miriam A.), J.

Daniel Romano sued American Trans Air (and others who are not parties to this appeal) to recover damages after he was battered by another passenger while on a flight from Los Angeles to Hawaii. American Trans Air demurred, contending Romano’s claims were preempted by the Airline Deregulation Act of 1978 (the ADA, 49 U.S.C. § 41713(b)(1)). The demurrer was sustained without leave to amend, and Romano appeals from the judgment of dismissal thereafter entered. We reverse, concluding that the ADA does not so completely preempt the field of airline regulation as to…

2Cases cited28 opinions

  1. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  2. Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
  3. Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
  4. Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983
  5. Kelly v. RobinsonSupreme Court of the United States · 1986

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3Cited by7 opinions

  1. Shirley Gee Ryan Jeffrey Gee Sean Paul Fong, a Minor by and Through His Guardian Ad Litem Shirley Gee Patricia Seto Samantha Seto Corey Seto v. Southwest Airlines, Southwest Airlines Company, Herbert H. Gadbury v. Delta Airlines, Inc., Foreign Corporation Doing Business in Oregon, Jan Rowley v. American Airlines, Inc., Donna Costa v. American Airlines, Inc. Roe Corporation, InclusiveCourt of Appeals for the Ninth Circuit · 1997
  2. Rubin v. United Air Lines, Inc.California Court of Appeal · 2002
  3. Abdullah v. American Airlines, Inc.District Court, Virgin Islands · 1997
  4. Aquino v. Asiana Airlines, Inc.California Court of Appeal · 2003
  5. Paredes v. Air-Serv Corp., Inc.Colorado Court of Appeals · 2010

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