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· 12/3/2003

Yasuko Ishikawa v. Delta Airlines, Inc., a Georgia Corporation, and Labone, Inc., a Delaware Corporation

Citations

  • 343 F.3d 1129

How courts have described this case

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

  • noting that the preemption by negative inference argument •would likely fail “because of the presumption against preemption”
  • rejecting similar argument with respect to the analogous saving clause of the OTETA
  • rejecting similar argument with respect to the analogous saving clause of the OTETA
  • statute preempted any “law, regulation, standard, or order that is inconsistent with regulations prescribed under this chapter” (quoting 49 U.S.C. § 45106(a))
  • statute preempted any “law, regulation, standard, or order that is inconsistent with regulations prescribed under this chapter” (quoting 49 U.S.C. § 45106(a))
  • “Under the 2 collateral source rule, the tortfeasor is not entitled to be relieved of the consequences of 3 its tort by some third party’s compensation to the victim.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kleinfeld, McKeown, Breyer

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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