"The subject statements by airline personnel were directly related to the provision of an airline service. Since the plaintiff's fraud and deceit cause of action does not allege behavior that is outrageous and beyond the scope of normal airline operations, it is preempted," said Austin.
The intentional infliction of emotional distress claim also failed because it was rooted in the supply of things like food, water and restroom facilities.
"This conduct expressly relates to airline 'services,' as that term is construed by a majority of the federal circuits," said Austin.
Paul Hudson of Valatie, N.Y. represented Biscone.
JetBlue Airways Corporation was represented by Christopher Kelly, Judith Nemsick and Christine Tramontano of Holland & Knight.
@|Andrew Keshner can be contacted at akeshner@alm.com.
Subscribe to New York Law Journal
-
David D. Murray
You can bet that if a Congressman or Senator had been aboard that flight we would have seen a bill proposed before Congress. Short of that, nobody in a position of power really cares. It will take a catastrophic event, like the death of a passenger before anyone takes notice . . . and then the airplane industry will probably prevail. Who said American corporate has no heart . . . I for starters . . ..
-
DirkJohanson
The good news here appears to be that if I ever get stuck on a plane like these people were, the crew members' heirs won't be able to sue me for wrongful death.
-
W.Adam Mandelbaum Esq.
Next time take the train.
Comments are not moderated. To report offensive comments, click here.
Reader Comments