Chukwu v. Board of Directors British Airways

LASKER, District Judge.

This case concerns a relatively new wrinkle in the interpretation of the Airline Deregulation Act: preemption of a breach of contract claim. Section 1305 of the Act 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 deci sion in American Airlines v. Wolens, — U.S. -, 115 S.Ct. 817, 130 L.Ed.2d 715 (1995), the Supreme Court distinguished contract claims from other claims arising under state law — which are broadly preempted by § 1305 — on the ground that contract actions merely…