Branche v. Airtran Airways, Inc.

MARCUS, Circuit Judge:

This ease ultimately requires us to determine whether a claim brought by appellant Michael Branche (“Branche”) against his former employer, Airtran Airways, Inc. (“Airtran”), pursuant to Florida’s Whistle-blower Act, Fla. Stat. § 448.102, is expressly pre-empted by the federal Airline Deregulation Act (“ADA”), 49 U.S.C. § 41713. This question forces us, in turn, to decide whether Branche’s claim significantly affects “air carrier services,” as that phrase is used in the ADA’s pre-emption clause. This is a close question that is rendered especially difficult by Congress’s…