Legal Opinion

Cynthia Love v. Delta Air Lines

Court of Appeals for the Eleventh Circuit

Decided October 31, 2002No. 02-10223PublishedCited by 95 opinions

1Opinion of the Court

MARCUS, Circuit Judge:

The Air Carrier Access Act of 1986 (the “ACAA”), 100 Stat. 1080, as amended, 49 U.S.C. § 41705, prohibits air carriers from discriminating against disabled individuals. This interlocutory appeal presents a question of first impression in this circuit: Does the ACAA create by implication a private right of action in a federal district court for a disabled individual alleging violations of its provisions? The district court answered this question in the affirmative. However, after careful review of the ACAA’s text and structure, we can discern no congressional intent to…

2Cases cited30 opinions

  1. Booth v. ChurnerSupreme Court of the United States · 2001
  2. Cort v. AshSupreme Court of the United States · 1975
  3. Cannon v. University of ChicagoSupreme Court of the United States · 1979
  4. Russello v. United StatesSupreme Court of the United States · 1983
  5. Gonzaga University v. DoeSupreme Court of the United States · 2002

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3Cited by95 opinions

  1. Access Now, Inc. v. Southwest Airlines Co.Court of Appeals for the Eleventh Circuit · 2004
  2. Shotz v. City of Plantation, FLCourt of Appeals for the Eleventh Circuit · 2003
  3. Tom L. Ashlock v. Conseco Services, LLCCourt of Appeals for the Eleventh Circuit · 2004
  4. Williams v. United Airlines, Inc.Court of Appeals for the Ninth Circuit · 2007
  5. Lopez v. Jet Blue AirwaysCourt of Appeals for the Second Circuit · 2011

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