· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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