Delta Air Lines, Inc. v. Black

We grant Robert C. Black’s motion for rehearing in part. We withdraw our opinion of June 26, 2003 and substitute the following in its place.

The Airline Deregulation Act of 1978(ADA) provides that states “may not enact or enforce a law ... related to a price, route, or service of an air carrier....” 49 U.S.C. § 41713(b)(1). This case concerns the scope of this preemption provision, specifically, its application to state breach of contract and misrepresentation claims challenging an airline’s ticketing and boarding procedures. The trial court rendered summary judgment in favor of Delta…