Legal Opinion

SEC. Ins. Co. of Hartford v. Nat. Airlines, Inc.

District Court, E.D. Louisiana

Decided March 9, 1976No. Civ. A. 76-77PublishedCited by 4 opinions

1Opinion of the Court

ALVIN B. RUBIN, District Judge:

The petition in this ease seeks to recover for lost baggage. The petition states a claim based solely on Louisiana state law. The case was removed to federal court on the basis that 49 U.S.C. § 1373 requires airlines to post tariffs and these include limitations of liability. That the defendant’s liability is limited may well be a defense. However, the fact that the tariff is required by a federal law and that liability may thereby be limited does not convert the claim to one arising under federal law so as to make it removable. In City of New Orleans v. United…

2Cases cited6 opinions

  1. Tishman & Lipp, Inc. v. Delta Air LinesCourt of Appeals for the Second Circuit · 1969
  2. Blair v. Delta Air Lines, Inc.District Court, S.D. Florida · 1972
  3. Lichten v. Eastern Air Lines, Inc.District Court, S.D. New York · 1949
  4. Porter v. Southeastern Aviation, Inc.District Court, M.D. Tennessee · 1961
  5. City of New Orleans, St. of La. v. United Gas PL Co.District Court, E.D. Louisiana · 1974

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

3Cited by4 opinions

  1. North American Phillips Corporation v. Emery Air Freight CorporationCourt of Appeals for the Second Circuit · 1978
  2. Ford v. Murphy Oil U.S.A., Inc.District Court, E.D. Louisiana · 1990
  3. Johnny's Pizza House, Inc. v. G & H Properties, Inc.District Court, W.D. Louisiana · 1981
  4. North American Phillips Corporation v. Emery Air Freight CorporationCourt of Appeals for the Second Circuit · 1978

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