Gary Wasserman v. Trans World Airlines, Inc., a New York Corporation

Gary Wasserman appeals from a judgment of the district court 1 denying both his federal and state claims for damages. Both claims were based on the grounding (or “bumping”) of Wasserman from Trans World Airlines, Inc.’s (TWA) flight 247 on August 24, 1976, on which Wasserman held a confirmed reservation. Count I of the complaint alleged that TWA had violated 49 U.S.C. § 1374(b). 2 Count II of the complaint sought damages from TWA under a common-law theory of fraudulent misrepresentation based upon the airline’s alleged failure to disclose its overbooking practice. The district court found…