Legal Opinion

Brenda WELLONS, Plaintiff-Appellant, v. NORTHWEST AIRLINES, INC., Defendant-Appellee

Court of Appeals for the Sixth Circuit

Decided January 26, 1999No. 97-1242PublishedCited by 40 opinions

1Opinion of the CourtNelson, J., joined by Batchelder, J.,

KRUPANSKY, J. (pp. 496-504), delivered a separate dissenting opinion.

DAVID A. NELSON, Circuit Judge.

The question presented in this appeal is whether a state statutory race discrimination claim and related common law tort claims asserted against an air carrier by a former employee have been preempted by the Airline Deregulation Act, 49 U.S.C. § 41713. Because the plaintiffs claims bear only the most tenuous relation to airline rates, routes, or services — the touchstone under 49 U.S.C. § 41713(b)(1) — we conclude that the claims have not been preempted. The district court having dismissed the…

2Cases cited11 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
  3. New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995
  4. American Airlines, Inc. v. WolensSupreme Court of the United States · 1995
  5. De Buono v. NYSA-ILA Medical & Clinical Services Fund Ex Rel. BowersSupreme Court of the United States · 1997

6 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Mikulski v. Centerior Energy Corp.Court of Appeals for the Sixth Circuit · 2007
  2. Thomas Costello v. BeavEx, IncorporatedCourt of Appeals for the Seventh Circuit · 2016
  3. Branche v. Airtran Airways, Inc.Court of Appeals for the Eleventh Circuit · 2003
  4. DiFiore v. American Airlines, Inc.Court of Appeals for the First Circuit · 2011
  5. Anna Botz, Formerly Known as Anna Hollenkamp v. Omni Air InternationalCourt of Appeals for the Eighth Circuit · 2002

35 more not listed; retrieve them via the Exa API.

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