790 F.3d 36 (1st Cir. 2015), 14-1869, Overka v. American Airlines, Inc.
|Citation:||790 F.3d 36|
|Opinion Judge:||BARRON, Circuit Judge.|
|Party Name:||DARYL OVERKA, ET AL., Plaintiffs, Appellants, v. AMERICAN AIRLINES, INC., Defendant, Appellee|
|Attorney:||Shannon Liss-Riordan, with whom Lichten & Liss-Riordan, P.C. was on brief, for appellants. Michael Vance Powell, with whom Amy C. Mariani, David J. Volkin, and Fitzhugh & Mariani LLP were on brief, for appellee.|
|Judge Panel:||Before Lynch, Chief Judge, Kayatta and Barron, Circuit Judges.|
|Case Date:||June 12, 2015|
|Court:||United States Courts of Appeals, Court of Appeals for the First Circuit|
This suit arose after American Airlines began charging passengers $2 per bag to use curbside check-in services. A class of skycaps - airport porters who assist passengers with curbside check-in - working at airports throughout the country sued American Airlines. Plaintiffs alleged that American failed adequately to notify customers that skycaps would not receive the proceeds from the new charge... (see full summary)
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS. Hon. William G. Young, U.S. District Judge.
For the third time in recent years, " skycaps" -- airport porters who, among other things, assist passengers with curbside check-in -- ask us to decide whether they may sue an airline for alleged violations of state law arising out of the imposition at airports of a $2.00 per-bag, curbside check-in fee. As in those previous cases, and on the basis of those prior precedents and intervening precedent, we hold that federal law preempts these skycaps' state statutory and common law claims.
The suit before us began on April 24, 2008, when a class of skycaps working at Logan Airport in Boston, Massachusetts, and at other airports throughout the country, brought suit against American Airlines. The suit arose after American began charging passengers $2.00 per bag to use curbside check-in services at airports across the country. According to the plaintiffs, American failed to adequately notify customers that skycaps would not receive the proceeds from the new charge. The plaintiffs further claimed that their compensation " decreased dramatically" following the introduction of the new charge, as fewer passengers tipped skycaps on top of paying the per-bag charge.
The plaintiffs thus sued American, on behalf of the Massachusetts skycaps, for violations of the Massachusetts Tips Law, Mass. Gen. Laws. ch. 149 § 152A. The plaintiffs also sued American on behalf of both those skycaps and the others in the class for tortious interference with the " implied contractual and/or advantageous relationship that exists between skycaps and [American's] customers" and unjust enrichment or quantum meruit.1
American filed a motion to dismiss in May of 2014 after the case was reopened following two stays. American argued that two recent circuit precedents, DiFiore v. American Airlines, Inc., 646 F.3d 81 (1st Cir. 2011), and Brown v. United Airlines, Inc., 720 F.3d 60 (1st Cir. 2013), cert. denied, 134 S.Ct. 1787, 188 L.Ed.2d 757 (2014), compelled the conclusion that the Airline Deregulation Act, 49 U.S.C. § 41713(b)(1), preempted each of the skycaps' claims. The District Court agreed. Following a short hearing on American's motion, the District Court issued an order of dismissal in August of 2014. The plaintiffs now appeal that decision.
In 1978, " as part of a wave of deregulatory measures," DiFiore, 646 F.3d at 85, Congress enacted the Airline Deregulation Act (ADA), " which largely deregulated domestic air transport," Am. Airlines, Inc. v. Wolens, 513 U.S. 219, 222, 115 S.Ct. 817, 130 L.Ed.2d 715 (1995). The ADA sought to promote " efficiency, innovation, and low prices" in the airline industry through " maximum reliance on competitive market forces and on actual and potential competition." 49 U.S.C. § § 40101(a)(6), (12)(A). " To ensure that the States would not undo federal deregulation with regulation of their own," Morales v. Trans World Airlines, Inc., 504 U.S. 374, 378, 112 S.Ct. 2031, 119 L.Ed.2d 157 (1992), Congress included an express preemption clause in the ADA, which provides that
a State, political subdivision of a State, or political authority of at least 2 States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier that may provide air transportation under this subpart.
49 U.S.C. § 41713(b)(1).2
Our Circuit has in recent years twice applied that provision to preempt claims
brought by skycaps arising out of airlines' introduction of fees for curbside check-in services. First, in DiFiore v. American Airlines, Inc., which was decided in 2011, we held that the ADA preempted skycaps'...
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