Judy Nemsick is a Partner in our New York office.
In a significant decision for the airline industry, the U.S. Court of Appeals for the First Circuit affirmed the district court's summary judgment dismissal of common law tort claims against an airline arising out of a parental kidnapping of minor children. In Bower v. Egyptair Airlines Co.,1 the Court of Appeals held that the plaintiff's claims were preempted by the Airline Deregulation Act (ADA),2 which prohibits states from enacting or enforcing laws "related to a price, route, or service of an air carrier." The Bower court determined that the plaintiff's claims directly related to an airline's ticketing, boarding and check-in services, and would unfairly subject the airlines to a patchwork of state law requirements in contravention of the ADA's deregulatory objectives.
Bower is particularly important to airlines as it recognizes that in the highly regulated field of aviation, only the federal government may dictate a uniform approach to an airline's obligations, if any, when faced with circumstances of a potential parental abduction. The decision confirms the unworkable situation that results in enforcing laws that would require airlines to investigate or enforce the alleged custodial rights of parents traveling with children. Indeed, the federal government has acknowledged that airlines, as private entities, lack the authority to verify or enforce custody or court orders3 and has not enacted any regulations to address the issue to date. As the first appellate determination to find ADA preemption of state law tort claims relating to a parental kidnapping, the decision will likely discourage future lawsuits. Airlines are well served to take note of this First Circuit precedent and its persuasive value in other courts.
District Court's Dismissal Not Premised on ADA Preemption
The case arose from the kidnapping of two...
