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· 12/30/2014

Tobin Ex Rel. L. v. Federal Express Corp.

Citations

  • 775 F.3d 448
  • 2014 U.S. App. LEXIS 24564
  • 2014 WL 7388805

How courts have described this case

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

  • stating that “[d]isclosure (that is, proof that [a defendant] disclosed [private information] to a third party) is an essential element of the plaintiff's privacy claim.”
  • quoIting Wynne v. Tufts Univ. Sch. of Med., 976 F.2d 791, 794 (1st Cir. 1992)
  • applying preemption clause of Airline Deregulation Act to avoid subjecting national carrier to patchwork of state regulations in contravention of clause’s purpose
  • describing the ADA preemption “dividing line” as “between state laws that regulate ‘how [a] service is performed’ (preempted) and those that regulate how an airline behaves as an employer or proprietor (not preempted
  • rejecting plaintiff’s argument that tort claims arising out of her receipt of a mislabeled and misdelivered package did not implicate “services” because she was not part of the delivery transaction and thus “did not [herself] bargain for the delivery of an unwanted package”
  • adopting Hodges definition of service

Source: CourtListener parenthetical corpus (CC0).

Judges: Lynch, Selya, Kayatta

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.