ADA Does Not Preempt Fliers’ Contract Suits: 9th Circ.

Law360, New York (August 5, 2011, 6:19 PM EDT) -- The Airline Deregulation Act does not preempt breach of contract suits against airlines, the Ninth Circuit said Friday, reversing a district court's decision to toss a proposed consumer class action against a Delta Airlines Inc. subsidiary.

The ADA was not intended to block breach of contract suits based on the doctrine of good faith and fair dealing, the court ruled.

“Congress’ 'manifest purpose' was to make the airline industry more efficient by unleashing the market forces of competition — it was not to immunize the airline...
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