Legal Opinion

Biscone v. JetBlue Airways Corp.

Appellate Division of the Supreme Court of the State of New York

Decided December 26, 2012PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Austin, J.

On this appeal, we address whether intentional tort and fraud claims to recover damages allegedly resulting from the confinement of commercial airline passengers in an airplane remaining on a tarmac outside of a terminal for several hours without affording passengers food, water, clean air, and toilet facilities is preempted by federal law. We also determine whether, in an electronically filed (hereinafter e-filed) action, the failure to annex a complete set of the originally submitted papers in support of a motion for leave to renew or reargue a motion for class…

2Cases cited33 opinions

  1. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  2. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
  3. Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
  4. New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995
  5. English v. General Electric Co.Supreme Court of the United States · 1990

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3Cited by12 opinions

  1. Flagstar Bank, FSB v. TitusAppellate Division of the Supreme Court of the State of New York · 2014
  2. Central Mortgage Co. v. McClellandAppellate Division of the Supreme Court of the State of New York · 2014
  3. Morgan Stanley Mortgage Loan Trust (2007-8XS) v. HardingAppellate Division of the Supreme Court of the State of New York · 2016
  4. Smith v. AgnantAppellate Division of the Supreme Court of the State of New York · 2015
  5. NYCTL 1998-1 Trust v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2017

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