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· 1/15/1998

James W. Smith v. Comair, Incorporated Delta Airlines, Incorporated

Citations

  • 134 F.3d 254
  • 1998 U.S. App. LEXIS 531
  • 1998 WL 12546

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that false imprisonment and intentional infliction of emotional distress claims are preempted to the extent that they relate to an airline’s boarding practices
  • holding that the ADA pre-empts contract claims that “can only be adjudicated by reference to law and policies external to the parties’ bargain”
  • holding that denial of boarding did not amount to detention because the plaintiff was not compelled to remain or go anywhere against his will
  • holding that plaintiff’s breach of contract claim was preempted by the ADA because it could “only be adjudicated by reference to law and policies external to the parties’ bargain”
  • holding that the plaintiffs breach of contract claim was preempted because of, inter alia, the contract claim’s “practical effect on federal law” in “an area of unique federal [regulatory] concern”
  • noting that we view the facts at summary judgment in the light most favorable to the nonmoving party

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkinson, Ellis, Eastern, Virginia, Merhige

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.