Burton v. Airborne Express, Inc.

The plaintiff, Stephen J. Burton, Jr., individually and on behalf of all similarly situated, appeals the circuit court’s order dismissing his breach-of-contract action against the defendant, Airborne Express, Inc. (Airborne). On appeal, Burton argues that his breach-of-contract action is not preempted by the Airline Deregulation Act of 1978 (Airline Deregulation Act) (49 U.S.C. §41713(b)(l) (2000)) and that his complaint sufficiently alleged that Airborne breached the parties’ contract by failing to procure insurance from a third party. We affirm the circuit court’s dismissal on grounds other…