Brenda WELLONS, Plaintiff-Appellant, v. NORTHWEST AIRLINES, INC., Defendant-Appellee
Court of Appeals for the Sixth Circuit
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
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
- New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995
- American Airlines, Inc. v. WolensSupreme Court of the United States · 1995
- De Buono v. NYSA-ILA Medical & Clinical Services Fund Ex Rel. BowersSupreme Court of the United States · 1997
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- DiFiore v. American Airlines, Inc.Court of Appeals for the First Circuit · 2011
- Anna Botz, Formerly Known as Anna Hollenkamp v. Omni Air InternationalCourt of Appeals for the Eighth Circuit · 2002
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