Curtin v. Port Authority of New York and New Jer., 01 CIV 445(WHP).

• Decision Date: 08 February 2002
• Docket Number: No. 01 CIV 445(WHP).,01 CIV 445(WHP).
• Citation: 183 F.Supp.2d 664
• Parties: Kenneth CURTIN, Plaintiff, v. The PORT AUTHORITY OF NEW YORK and New Jersey and Delta Airlines, Inc., Defendants.
• Court: U.S. District Court — Southern District of New York

183 F.Supp.2d 664

Kenneth CURTIN, Plaintiff, v. The PORT AUTHORITY OF NEW YORK and New Jersey and Delta Airlines, Inc., Defendants.

No. 01 CIV 445(WHP).

United States District Court, S.D. New York.

February 8, 2002.

Kenneth Bornstein, Esq., Bornstein & Emanuel, P.C., Garden City, NY, for Plaintiff.

Jeffrey J. Ellis, Esq., Quirk & Bakalor, P.C., New York City, for Defendants.

MEMORANDUM AND ORDER

PAULEY, District Judge.

On December 22, 2000, plaintiff filed an action in New York Supreme Court, Bronx County alleging that defendants' negligence in violation of state common law caused his personal injuries. On January 19, 2001, defendant Delta Airlines, Inc. ("Delta"), with the consent of defendant Port Authority of New York and New Jersey (the "Port Authority"), filed a notice of removal with this Court based on federal question jurisdiction. Curtin moves to remand this action for lack of subject matter jurisdiction, asserting that neither federal question nor diversity jurisdiction exists. For the reasons set forth below, plaintiff's motion for remand is denied.

Background

Curtin alleges that on March 19, 2000, during an emergency evacuation of Delta flight number 1971 at LaGuardia Airport, he was injured when he was "precipitated to the ground while sliding down the exit ramp/slide which was set up directly outside the emergency exit door." (Verified Complaint ("Compl.") ¶¶ 46, 47.) Curtin asserts that defendants were careless and negligent in their supervision, oversight, and control of emergency evacuation procedures, and in their instructions and assistance to passengers during the evacuation. (Compl.¶¶ 49-59.) The complaint does not cite any specific statute as a basis for the claims.

Defendants removed this action to federal court on the basis of the Federal Aviation Act of 1958 (the "FAA"), 49 U.S.C. § 40101 et seq., asserting that the statute "implicitly preempts State law standards governing aviation safety, flight operations, emergency evacuation, and flight crew procedures," standards that are central to Curtin's complaint. (Notice of Removal ("Notice") ¶ 2.) Additionally, defendants contend that plaintiff's claims require the resolution of substantial questions of federal law: whether a carrier that complies with federal aviation standards is immune from liability and whether state regulation of flight operations of a carrier engaged in interstate air commerce is an unconstitutional burden on interstate commerce. (Notice ¶ 2.)

In his remand motion, Curtin asserts that no federal question jurisdiction exists because the FAA does not preempt state law negligence claims. (Pl.'s Mem. at 8-10.) While acknowledging a split in the circuits regarding FAA preemption, Curtin maintains that the FAA's legislative history does not preclude a state law negligence claim arising from an aircraft emergency on the ground. (Pl.'s Mem. at 9-10.)

Delta and the Port Authority oppose remand on two grounds. First, they assert the need for "interpretive uniformity and predictability" with respect to standards that determine a plaintiff's right to recovery. (Defs.' Memorandum of Law in Opposition ("Opp.Mem.") at 2 (citing Int'l Bhd. of Elec. Workers v. Hechler, 481 U.S. 851, 862, 107 S.Ct. 2161, 95 L.Ed.2d 791 (1987).)) Second, defendants contend that the FAA implicitly preempts the field of aviation safety. (Opp. Mem. at 3). In the same vein, defendants assert that the Airline Deregulation Act's express preemption clause does not limit the scope of the FAA's implied preemption of the field of aviation safety. (Opp. Mem. at 3, 9.)

Discussion

Defendants argue that FAA regulations impliedly preempt the field of aviation safety, including the standards that determine the airline carrier's duty of care. (Opp. Mem. at 9.) Thus, this Court must determine whether the FAA impliedly preempts the field of aviation safety. If so, a negligence claim based on events occurring during an emergency airline evacuation is subject to the FAA's statement of a carrier's duty of care—a question of federal law.

Removal statutes are construed narrowly and all uncertainties are resolved in favor of remand in order to promote the goals of federalism, restrict federal court jurisdiction, and support the plaintiff's right to choose the forum. See, e.g., Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100, 108-09, 61 S.Ct. 868, 85 L.Ed. 1214 (1941); Somlyo v. J. Lu-Rob Enters., Inc., 932 F.2d 1043, 1045-46 (2d Cir.1991). The party seeking to preserve removal, not the party moving for remand, has the burden of proving federal removal jurisdiction. See Grimo v. Blue Cross/Blue Shield, 34 F.3d 148, 151 (2d Cir.1994); Pan Atlantic Group, Inc. v. Republic Ins. Co., 878 F.Supp. 630, 637 (S.D.N.Y.1995).

Generally, statutory federal question jurisdiction extends to cases in which a federal question appears on the face of a well-pleaded complaint. See Louis & Nashville R.R. v. Mottley, 211 U.S. 149, 29 S.Ct. 42, 53 L.Ed. 126 (1908). There are two broad exceptions to the well-pleaded complaint rule: (1) when the complaint is "artfully pleaded" to avoid making explicit reference to what is in fact a federal claim; and (2) when the otherwise applicable state law has been "completely preempted" by federal law. See Metropolitan Life Ins. Co. v. Taylor, 481 U.S. 58, 107 S.Ct. 1542, 95 L.Ed.2d 55 (1987); Travelers Indemnity Co. v. Sarkisian, 794 F.2d 754, 760 (2d Cir.1986). In addition, the Supreme Court has held that federal question jurisdiction also exists when "federal law creates the cause of action" or "the plaintiffs' right to relief necessarily depends on resolution of a substantial question of federal law." Franchise Tax Bd. v. Construction Laborers Vacation Trust, 463 U.S. 1, 27-28, 103 S.Ct. 2841, 77 L.Ed.2d 420 (1983).

Preemption is a doctrine grounded in the Supremacy Clause of the Constitution, U.S. Const. art. VI, cl. 2, which the Supreme Court has interpreted to provide that any state law conflicting with a valid federal law is "without effect." Maryland v. Louisiana, 451 U.S. 725, 746, 101 S.Ct. 2114, 68 L.Ed.2d 576 (1981). To avoid "unintended encroachment on the authority of the States, however, a court interpreting a federal statute pertaining to a subject traditionally governed by state law will be reluctant to find pre-emption." CSX Transp., Inc. v. Easterwood, 507 U.S. 658, 664, 113 S.Ct. 1732, 123 L.Ed.2d 387 (1993). The assumption that the historic police powers of the states are not preempted by a federal statute is overcome on a showing that such a result is the "clear and manifest purpose of Congress." Cipollone v. Liggett Group, Inc., 505 U.S. 504, 516, 112 S.Ct. 2608, 120 L.Ed.2d 407 (1992) (citation omitted). The "ultimate touchstone" of preemption analysis is the purpose of Congress. Cipollone, 505 U.S. at 516, 112 S.Ct. 2608.

Preemption may be express or implied from the structure and purpose of a statute. See Shaw v. Delta Air Lines, Inc., 463 U.S. 85, 95, 103 S.Ct. 2890, 77 L.Ed.2d 490 (1983). Implied preemption may be found in two ways. The first type of implied preemption is field preemption, which occurs in cases where the federal regulatory scheme "is so pervasive as to make reasonable the inference that Congress left no room for the States to supplement it." Gade v. National Solid Wastes Mgmt. Ass'n, 505 U.S. 88, 98, 112 S.Ct 2374, 120 L.Ed.2d 73 (1992) (citation omitted). The second type of implied preemption is conflict preemption. Conflict preemption arises where (1) "compliance with both federal and state regulations is a physical impossibility" or (2) the state law "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress." Gade, 505 U.S. at 98, 112 S.Ct. 2374 (citations omitted).

The primary purpose of the FAA was the creation of the Federal Aviation Administration, the agency that promulgates regulations of the aviation industry. As originally drafted, the FAA did not contain an express preemption provision, but it included a sovereignty clause and a saving clause reflecting federalism concerns. The sovereignty clause states that "the Government of the United States shall have exclusive jurisdiction over the airspace of the United States." 49 U.S.C. § 40103. The saving clause provides that "[n]othing ... in this chapter shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this chapter are in addition to such remedies." 49 U.S.C. § 1506.

Regulations promulgated under the FAA are the central source of federal statutory control. See 49 U.S.C. § 40101(a)(1)-(3); 49 U.S.C. § 40113. These Federal Aviation Regulations ("FARs"), codified at Title 14 of the Code of Federal Regulations, prescribe standards of care for the aviation industry. The general standard of care is that "[n]o person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another." 14 C.F.R. § 91.13(a). In addition, FARs set forth an array of specific safety standards governing emergency evacuation procedures. See, e.g., 14 C.F.R. § 121.291 (Demonstration of Emergency Evacuation Procedures); 14 C.F.R. § 121 Appendix D (Criteria For Demonstration of Emergency Evacuation Procedures); 14 C.F.R. § 121.309 (Emergency Equipment); 14 C.F.R. § 121.310 (Additional Emergency Equipment); 14 C.F.R. § 121.397 (Emergency and Emergency Evacuation Duties); 14 C.F.R. § 121.417 (Crewmember Emergency Training); 14 C.F.R. § 121.557 (Emergencies: Domestic and Flag Carriers); 14 C.F.R. § 121.570 (Airplane Evacuation Capability); 14 C.F.R. § 121.571 (Briefing Passengers Before Take-Off).

In 1978, Congress amended the FAA with the Airline Deregulation Act, 49 U.S.C. § 41713, ("ADA"), an economic deregulation statute. To preclude state interference with federal deregulation, Congress expressly preempted the states from enacting or enforcing "[a]ny law, rule, regulation, standard, or other provision having the force...