§Why CasetextPricing

Brown et al v. United Air Lines, Inc.

MEMORANDUM in Support re MOTION for Reconsideration re Order on Motion to Dismiss , or, in the Alternative, for Interlocutory Appeal from the Order Denying Motion to Dismiss, and to Stay Proceedings

19 Cited authorities

  1. Morales v. Trans World Airlines, Inc.

    504 U.S. 374 (1992)   Cited 1,710 times   11 Legal Analyses
    Holding that guidelines on airfare advertising were "related to" the rates, routes, or services of an air carrier given that every guideline makes "express reference to [air]fares"

  2. Altria Grp., Inc. v. Good

    555 U.S. 70 (2008)   Cited 639 times   9 Legal Analyses
    Holding that federal law did not preempt common-law fraud claim against cigarette manufacturer based on advertising of light cigarettes

  3. American Airlines, Inc. v. Wolens

    513 U.S. 219 (1995)   Cited 782 times   11 Legal Analyses
    Holding the Illinois Consumer Fraud Act preempted by the Federal Airline Deregulation Act to the extent the state law applied to airline frequent flier programs

  4. Rowe v. New Hampshire Motor Transp. Ass'n

    552 U.S. 364 (2008)   Cited 394 times   8 Legal Analyses
    Holding that targeted ground carrier regulations were pre-empted by a statute modeled on the ADA

  5. Klinghoffer v. S.N.C. Achille Lauro

    921 F.2d 21 (2d Cir. 1990)   Cited 414 times   2 Legal Analyses
    Holding that "it continues to be true that only 'exceptional circumstances [will] justify a departure from the basic policy of postponing appellate review until after the entry of a final judgment.'"

  6. Philip Morris Incorporated v. Harshbarger

    122 F.3d 58 (1st Cir. 1997)   Cited 258 times
    Holding that Massachusetts statute requiring manufacturers of tobacco products to disclose additives and nicotine-yield ratings for their products to a state agency did not violate the 1969 Act, as such communication did not amount to advertising or promotion

  7. Buck v. American Airlines

    476 F.3d 29 (1st Cir. 2007)   Cited 174 times   2 Legal Analyses
    Holding breach-of-contract claim preempted because contract did not explicitly incorporate a federal-law provision

  8. Air Transport v. Cuomo

    520 F.3d 218 (2d Cir. 2008)   Cited 119 times   2 Legal Analyses
    Holding that the provision of amenities during a lengthy ground stay was a "service" under § 41713(b)

  9. Fayard v. Northeast Vehicle

    533 F.3d 42 (1st Cir. 2008)   Cited 99 times
    Holding that defendants failed to demonstrate a "clear-cut federal cause of action" amounting to nuisance

  10. Greenwood Trust Co. v. Com. of Mass

    971 F.2d 818 (1st Cir. 1992)   Cited 142 times   3 Legal Analyses
    Holding that Massachusetts usury law reflects a fundamental public policy of protecting the state's debtors

  11. Section 1292 - Interlocutory decisions

    28 U.S.C. § 1292   Cited 22,367 times   196 Legal Analyses
    Granting appellate jurisdiction over certain types of interlocutory orders

  12. Section 41713 - Preemption of authority over prices, routes, and service

    49 U.S.C. § 41713   Cited 823 times   32 Legal Analyses
    Recognizing that the preemption provision does not limit a State from "carrying out its proprietary powers and rights"