Chukwu v. Board of Directors British Airways

LASKER, District Judge.

This opinion revisits an issue that remained unresolved by an earlier 12(b)(6) motion: whether Chukwu Azubuko’s breach of contract claim against British Airways is preempted by § 1305 of the Airline Deregulation Act (“ADA”). Section 1305 forbids states from enacting or enforcing any law related to air carrier rates, routes or services. 49 U.S.C.App. § 1305(a)(1). In its recent decision in American Airlines v. Wolens, — U.S. -, 115 S.Ct. 817, 130 L.Ed.2d 715 (1995), the Supreme Court concluded that it did not read “the ADA’s preemption clause ... to shelter airlines from…