California Appellate Tracker

Hickcox-Huffman v. US Airways, Inc.

May 5, 2017

Plaintiff’s state-law-based breach of contract claim for delayed delivery of checked luggage was not preempted by the federal Airline Deregulation Act of 1978.

The Airline Deregulation Act of 1978 does not preempt a state law breach of contract claim against an air carrier. Here, plaintiff alleged that the carrier breached its contract when it charged her $15 to transport her checked baggage and then didn’t refund the $15 when the carrier failed to deliver the bag to its destination until a day after plaintiff arrived there.

Ninth Circuit Court of Appeals (Kleinfeld, J.); May 3, 2017; 2017 WL 1658487

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