Legal Opinion
Data Manufacturing, Inc. v. United Parcel Service, Inc.
Court of Appeals for the Eighth Circuit
Decided March 4, 2009No. 08-1646PublishedCited by 82 opinions
1Opinion of the Court
BEAM, Circuit Judge.
Data Manufacturing, Inc. (DMI) appeals the district court’s Rule 12(b)(6) dismissal of its lawsuit against United Parcel Service (UPS). We hold that all but one of DMI’s claims are preempted by the Federal Aviation Administration Authorization Act of 1994, 49 U.S.C. § 14501(c)(1) (FAAAA). Accordingly, we reverse and remand for adjudication of DMI’s sole surviving claim — that it did not agree to pay a $10 re-billing fee in its contract with UPS.
I. BACKGROUND
DMI manufactures retail gift and debit cards for customers, including First Data Corporation. First Data required DMI…
2Cases cited10 opinions
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- Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
- American Airlines, Inc. v. WolensSupreme Court of the United States · 1995
- Rowe v. New Hampshire Motor Transport Ass'nSupreme Court of the United States · 2008
- Atherton v. Federal Deposit Insurance Corp.Supreme Court of the United States · 1997
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3Cited by82 opinions
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- Dubinsky v. MERMART, LLCCourt of Appeals for the Eighth Circuit · 2010
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- Scarlett v. Air Methods CorporationCourt of Appeals for the Tenth Circuit · 2019
- Salau v. DentonDistrict Court, W.D. Missouri · 2015
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