Airline not liable for refusing to transport customer who lacked required travel documents

March 28, 2011

Reed v. Delta Airlines, Inc. (S.D.N.Y. Mar. 23, 2011).  The plaintiff and her dog, Blondie, arrived at John F. Kennedy International Airport to check in for their flight to Ghana.  Delta personnel informed the plaintiff that she lacked certain documents that Ghana required for Blondie to enter the country.  The plaintiff put Blondie in a cab to her son’s home and reentered the terminal, only to later discover that Blondie had departed with the plaintiff’s passport.  In accordance with Delta’s conditions of carriage, the airline’s personnel refused to transport the plaintiff due to her failure to present a passport, and they rebooked her on a subsequent flight.

The plaintiff sued Delta, claiming that it was liable for refusing to transport her (and Blondie, the co-plaintiff) under breach of contract, implied contract and covenant of good faith and fair dealing causes of action, and under several tort causes of action as well.  The plaintiff requested damages totaling over $1.2 million.

Delta moved for summary judgment on the grounds that it had not breached the parties’ contract, that the plaintiff’s implied contract and good faith and fair dealing claims failed given the existence of an express contract between the parties and that the plaintiffs’ tort claims were preempted by 49 U.S.C. § 41713(b), the preemption provision of the Airline Deregulation Act.  The court agreed.

The court held that the plaintiff’s breach of contract claim failed because Delta had “acted within its rights” under its conditions of carriage, which specifically allowed the airline to refuse to transport the plaintiff for failing to present a passport and to refuse to transport Blondie because the plaintiff lacked certain documents required by Ghana.  The court agreed that the plaintiff’s implied contract and good faith and fair dealing claims failed because the parties had entered into an express contract.

The court then turned to the plaintiff’s various tort claims.  It held that not only were the plaintiff’s tort claims preempted by the ADA because they all “involve[d] Delta’s boarding practice which is an airline service,” but because also they lacked substantive merit, and it analyzed the deficiencies of each claim.


Court rejects parent’s contention that airline has duty during boarding to ensure compliance with child custody orders

December 12, 2010

Braden v. All Nippon Airways Co., Ltd. (Cal. App. 2nd Dist. Oct. 13, 2010).  In a child custody case, the court had denied the mother’s request to move to Japan with her infant daughter and had ordered that she surrender her daughter’s passport.  Despite the order, the mother, using the passport, took the child with her on an ANA flight from Los Angeles to Japan.  Because Japan is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, the father had no legal recourse to compel his daughter’s return to the U.S.

The father sued ANA, alleging causes of action for negligence and interference with custodial relations.  He asserted that ANA had violated its duty to him to make the mother prove, as part of the boarding process, that she had his consent to take their daughter out of the country or that she had sole custody of the child.  The trial court sustained ANA’s demurrer to the amended complaint, and the father appealed.

The appeals court affirmed the trial court’s judgment.  First, however, the court rejected the trial court’s ruling that the father’s claims were preempted by 49 U.S.C. § 41713(b)(1), the preemption provision of the Airline Deregulation Act.  That provision states in part as follows:  “[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.”

Following the Ninth Circuit and other California appellate courts, the appeals court adopted a narrow view of the term “service,” and, consistent with that view, held that a claim related to an airline’s boarding procedures is not preempted by the ADA.  The court reasoned that boarding procedures “are not services within the meaning of the ADA” because they have “no impact on prices, schedules, origins, or destinations” and do not represent “a legitimate interest needing protection under the ADA.”

The appeals court then upheld the trial court’s ruling that the father had failed to state a negligence claim.  The court held that ANA did not owe him a duty of care because there was “no authority for the proposition that a common carrier has a duty to ensure that a minor traveling with a custodial parent is not being transported in violation of a court order.”  For the same reason, the appeals court also held that the father’s intentional interference with custodial relations claim failed.

Note:  The First, Second, Fourth, Fifth, Seventh and Eleventh Circuits have held that an airline’s boarding procedures constitute a “service” within the meaning of the ADA, in contrast to the Ninth Circuit’s highly restrictive definition of the term (which the Third Circuit also decided to adopt).  According to Ninth Circuit Judge Diarmuid O’Scannlain, the Supreme Court reversed or vacated Ninth Circuit decisions in 148 of 182 cases during the last nine terms.  Thus, the Ninth Circuit “got it wrong in 81% of its cases that the Supreme Court agreed to hear,” which is a “strikingly poor record.”  According to Judge O’Scannlain, “even more telling than the reversal rate itself, however, is the number of unanimous reversals.  Seventy-two of the 148 Ninth Circuit cases reversed during the period in question were at the hands of a unanimous Supreme Court.”  Harvard Law School, When ‘The Nine’ Overrule the Ninth:  O’Scannlain ponders 10 years of reversals (Sept. 27, 2010).


Follow

Get every new post delivered to your Inbox.