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Harrington et al v. Delta Airlines, Inc. et al

MEMORANDUM in Opposition re MOTION to Dismiss Amended Complaint, 69 MOTION to Dismiss Plaintiffs' Amended Complaint, 62 MOTION to Dismiss for Lack of Jurisdiction, 66 MOTION to Dismiss the Plaintiffs' Amended Complaint, 67 MOTION to Dismiss the Plaintiffs' Amended Complaint, 68 MOTION to Dismiss the Plaintiffs' Amended Complaint

87 Cited authorities

  1. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,646 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  2. 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"

  3. Holmes v. Securities Investor Protection Corp.

    503 U.S. 258 (1992)   Cited 1,671 times   8 Legal Analyses
    Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers

  4. Hanson v. Denckla

    357 U.S. 235 (1958)   Cited 7,899 times   11 Legal Analyses
    Holding that personal jurisdiction over defendant trustee was inappropriate when defendant's only contacts with the forum resulted from plaintiff-settlor's unilateral activity of moving to Florida

  5. Cort v. Ash

    422 U.S. 66 (1975)   Cited 3,055 times   3 Legal Analyses
    Holding no private action under criminal statutes absent clear statutory basis for such inference

  6. U.S. Bancorp Mortg. Co. v. Bonner Mall

    513 U.S. 18 (1994)   Cited 985 times   13 Legal Analyses
    Holding that the appealing party had "surrender[ed] his claim to the equitable remedy of vacatur" by settling the case and thus "voluntarily forfeit[ing] his legal remedy by the ordinary processes of appeal"

  7. American Airlines, Inc. v. Wolens

    513 U.S. 219 (1995)   Cited 783 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

  8. Bowers v. Hardwick

    478 U.S. 186 (1986)   Cited 660 times   8 Legal Analyses
    Holding that the Constitution does not "confer a fundamental right upon homosexuals to engage in sodomy"

  9. Valentin v. Hospital Bella Vista

    254 F.3d 358 (1st Cir. 2001)   Cited 703 times
    Holding that an appeal of a Rule 12(b) ruling that resolves a factual challenge must be reviewed with a deferential "clearly-erroneous" standard

  10. Nader v. Allegheny Airlines

    426 U.S. 290 (1976)   Cited 446 times   1 Legal Analyses
    Holding no irreconcilable conflict

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 348,309 times   929 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,504 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 112,046 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  14. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,961 times   136 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  15. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 62,270 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  16. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,521 times   185 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

  17. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,130 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

  18. Section 1406 - Cure or waiver of defects

    28 U.S.C. § 1406   Cited 14,255 times   52 Legal Analyses
    Recognizing that transfer is proper to any district or division in which the action could have been brought

  19. Section 1653 - Amendment of pleadings to show jurisdiction

    28 U.S.C. § 1653   Cited 2,440 times   5 Legal Analyses
    Permitting amendment of defective allegations of jurisdiction

  20. Section 1340 - Internal revenue; customs duties

    28 U.S.C. § 1340   Cited 1,151 times   1 Legal Analyses
    Granting the district courts jurisdiction over "civil action arising under any Act of Congress providing for internal revenue"

  21. Section 253.5 - Notice of incorporated terms

    14 C.F.R. § 253.5   Cited 27 times

    Except as provided in § 253.8 , each air carrier shall include on or with a ticket, or other written instrument given to a passenger, that embodies the contract of carriage and incorporates terms by reference in that contract, a conspicuous notice that: (a) Any terms incorporated by reference are part of the contract, passengers may inspect the full text of each term incorporated by reference at the carrier's airport or city ticket offices, and passengers have the right, upon request at any location

  22. Section 253.1 - Purpose

    14 C.F.R. § 253.1   Cited 11 times
    Setting forth uniform disclosure requirements for terms incorporated by reference into contracts of carriage

  23. Section 253.7 - Direct notice of certain terms

    14 C.F.R. § 253.7   Cited 9 times   1 Legal Analyses

    A carrier may not impose any terms restricting refunds of the ticket price, imposing monetary penalties on passengers, or raising the ticket price consistent with § 399.88 of the chapter, unless the passenger receives conspicuous written notice of the salient features of those terms on or with the ticket. 14 C.F.R. §253.7 Doc. No. DOT-OST-2010-0140, 76 FR 23163, Apr. 25, 2011, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15932, Apr. 16, 2019 84 FR 15932, 5/16/2019

  24. Section 354.3 - User fees for certain international services

    7 C.F.R. § 354.3   Cited 7 times
    Reserving the right to "verify the accuracy of the AQI user fees collected and remitted and to otherwise determine compliance with 21 U.S.C. 136a."

  25. Section 286.4 - Fee collection responsibility

    8 C.F.R. § 286.4   Cited 5 times

    (a) It is the responsibility of the air or sea carriers, travel agents, tour wholesalers, or other parties, which issue tickets or documents for transportation on or after December 1, 1986, to collect the fee set forth in § 286.2 of this part from all passengers transported to the United States who are not excepted under § 286.3 of this part. (b) Tickets and documents for transportation shall be marked by the collector of the fee to indicate that the required fee has been collected. Such markings

  26. Section 286.5 - Remittance and statement procedures

    8 C.F.R. § 286.5   Cited 5 times
    Authorizing the Government to conduct audits to assure the accuracy of "remittances of fees collected and remitted"

  27. Section 1510.9 - Collection of security service fees

    49 C.F.R. § 1510.9   Cited 4 times

    (a) The following direct air carriers and foreign air carriers must collect security service fees from passengers on- (1) A scheduled passenger or public charter passenger operation with an aircraft having passenger seating configuration of more than 60 seats. (2) A scheduled passenger or public charter passenger operation with an aircraft having a passenger seating configuration of less than 61 seats when passengers are enplaned from or deplaned into a sterile area. (b) Direct air carriers and foreign

  28. Appendix A to Part 158 - Assurances

    14 C.F.R. § 158 app A to Part 158   Cited 3 times

    A. General. 1. These assurances shall be complied with in the conduct of a project funded with passenger facility charge (PFC) revenue. 2. These assurances are required to be submitted as part of the application for approval of authority to impose a PFC under the provisions of 49 U.S.C. 40117 . 3. Upon approval by the Administrator of an application, the public agency is responsible for compliance with these assurances. B. Public agency certification. The public agency hereby assures and certifies

  29. Section 158.49 - Handling of PFC's

    14 C.F.R. § 158.49   Cited 2 times

    (a) Collecting carriers shall establish and maintain a financial management system to account for PFC's in accordance with the Department of Transportation's Uniform System of Accounts and Reports ( 14 CFR part 241 ). For carriers not subject to 14 CFR part 241 , such carriers shall establish and maintain an accounts payable system to handle PFC revenue with subaccounts for each public agency to which such carrier remits PFC revenue. (b) Collecting carriers must account for PFC revenue separately

  30. Section 286.6 - Maintenance of records

    8 C.F.R. § 286.6   Cited 2 times
    Obligating the collector and remitter to maintain records to verify the accuracy of fees " collected and remitted"