Hickcox-Huffman v. US Airways, No. 11-16305 (9th Cir. 2017)
Annotate this CaseThe Ninth Circuit reversed the dismissal of a putative class action seeking refunds of baggage fees based on preemption by the Airline Deregulation Act, 49 U.S.C. 1301 et seq. Plaintiff filed suit, alleging various breach of contract claims, seeking a refund of a $15 baggage claim fee, because her bag did not arrive on time and was consequently delivered to her the next day. American Airlines v. Wolens is controlling as to plaintiff's breach of contract claim. In this case, because plaintiff's claim was for breach of contract of a voluntarily assumed contractual undertaking, and she pleaded breach of contract, the claim was not preempted by the Airline Deregulation Act as construed by Wolens.
Court Description: Airline Deregulation Act / Preemption. The panel reversed the district court’s Fed. R. Civ. P. 12(b)(6) dismissal, based on preemption by the Airline Deregulation Act, of a putative class action which alleged claims against US Airways for refunds passengers paid as baggage fees. The plaintiff passenger pleaded breach of contract, alleging that US Airways promised her timely delivery of her checked bag upon arrival in exchange for a $15 fee, and the passenger did not get her bag until the day after arrival. The panel held that plaintiff sufficiently alleged that the airline promised under the terms of transportation to deliver her bag when she landed. The panel held that because plaintiff’s claim was for breach of contract of a voluntarily assumed contractual undertaking, and she pleaded breach of contract, the claim was not preempted by the Airline HICKCOX-HUFFMAN V. US AIRWAYS 3 Deregulation Act as construed by American Airlines v. Wolens, 513 U.S. 219 (1995). The panel remanded for further proceedings.
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