Margolis v. United Airlines, Inc.

How courts have described this case

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

• holding that “Congress did not intend to preempt state common law actions for personal injury based on the negligence of the airline or its employees”
• explaining that historically “preemption disputes involving traditional personal injury or negligence claims were almost uniformly resolved against federal preemption”
• noting how Department of Transportation regulations mandate airlines to maintain bodily injury insurance
• passenger's claim against airline based on allegation that she was struck by luggage carrier which fell from overhead bin was not preempted
• personal injury/negligence claim not preempted since the savings clause indicates no intent to preempt traditional state law claims
• “A state common law claim based on negligence and the standard of reasonable care does not purport to regulate the services that air carriers provide to their customers in exchange for their fares.”

Source: CourtListener parenthetical corpus (CC0).