Margolis v. United Airlines, Inc.

MEMORANDUM OPINION AND ORDER DENYING DEFENDANT’S MOTION TO DISMISS

EDMUNDS, District Judge.

Introduction

This matter has come before the Court on Defendant United Airlines’ Motion to Dismiss. 1 Arguing that Plaintiffs’ claims for negligence are preempted by Section 1305 of the Airline Deregulation Act, Defendant moves this Court to dismiss Plaintiffs’ complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief may be granted. For the reasons stated herein, Defendant’s motion is denied.

Statement of Facts and Claims

Plaintiff Geraldine Margolis claims she…