Legal Opinion
Aquino v. Asiana Airlines, Inc.
California Court of Appeal
Decided February 27, 2003No. A098122PublishedCited by 5 opinions
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
RIVERA, J.
Plaintiffs sued Asiana Airlines, Inc., and one of its managers after plaintiffs were not allowed to board their ticketed flight, claiming this refusal was due to their age and perceived physical limitations. The trial court granted defendants’ motion for summary judgment, concluding that the Warsaw Convention or the Airline Deregulation Act of 1978 1 preempted plaintiffs’ action. We hold that plaintiffs’ claims are not preempted, and that triable issues of material fact exist as to most, but not all, of plaintiffs’ causes of action.
I. Facts and Procedural History
Modesta…
2Cases cited27 opinions
- Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
- American Airlines, Inc. v. WolensSupreme Court of the United States · 1995
- McCarthy v. Northwest Airlines, Inc.Court of Appeals for the First Circuit · 1995
- El Al Israel Airlines, Ltd. v. Tsui Yuan TsengSupreme Court of the United States · 1999
- Eastern Airlines, Inc. v. FloydSupreme Court of the United States · 1991
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3Cited by5 opinions
- Delta Air Lines, Inc. v. BlackTexas Supreme Court · 2003
- Tanen v. Southwest Airlines Co.California Court of Appeal · 2010
- Kalantar v. Lufthansa German AirlinesDistrict Court, District of Columbia · 2003
- Power Standards Lab, Inc. v. Federal Express Corp.California Court of Appeal · 2005
- El-Zoobi v. United Airlines, Inc.Appellate Court of Illinois · 2016