"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.
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