Delta Lost Baggage Suit Grounded By Federal Law

Law360, New York (April 5, 2012, 4:09 PM EDT) -- A Florida woman’s proposed class action against Delta Air Lines Inc. over lost baggage costs was tossed by a federal judge on Thursday, who said her consumer protection claims are preempted by the federal Airline Deregulation Act.

U.S. District Judge James L. King said plaintiff Susan Miller’s claims cannot proceed because they “impermissibly attempt to regulate the ‘services’ of an airline, specifically, the way Delta handles checked baggage and passenger claims related to checked baggage.”

The act contains a preemption clause that prevents states from enacting...
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