Legal Opinion
Sanders v. Air India
District Court, S.D. New York
Decided August 10, 1978No. 76 Civ. 3279PublishedCited by 9 opinions
1Opinion of the Court
ROBERT J. WARD, District Judge.
Defendant moves under Rule 12(b)(6), Fed.R.Civ.P., to dismiss an amended complaint which was served and filed after a trial which ended in a jury deadlock on the legal claim being re-asserted in the amended complaint. 1 The basis of the motion is that there is no private right of action for the injury which these plaintiffs assert under § 404(b) of the Federal Aviation Act, 49 U.S.C. § 1374(b), and that, even if there is, plaintiffs fail to allege facts to state a claim upon which relief can be granted. For the reasons hereinafter stated, the motion is granted…
2Cases cited16 opinions
- Cort v. AshSupreme Court of the United States · 1975
- Nader v. Allegheny Airlines, Inc.Supreme Court of the United States · 1976
- Pan American World Airways, Inc. v. United StatesSupreme Court of the United States · 1963
- Ella Fitzgerald, John Lewis, Georgiana Henry and Norman Granz v. Pan American World Airways, Inc.Court of Appeals for the Second Circuit · 1956
- Wills v. Trans World Airlines, Inc.District Court, S.D. California · 1961
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kodish v. United Airlines, Inc.District Court, D. Colorado · 1979
- Angela Cummings, Inc. v. Purolator Courier Corp.District Court, S.D. New York · 1987
- County of Westchester v. Town of Greenwich, Conn.District Court, S.D. New York · 1990
- Caceres Agency, Inc. v. Trans World Airways, Inc.Court of Appeals for the Second Circuit · 1979
- Great Destinations, Inc. v. Transportes Aereos Portugueses S.A.R.L.District Court, S.D. New York · 1978
4 more not listed; retrieve them via the Exa API.