96-15490 et seq. The plaintiffs will now have a chance to prove their claims. I predict that the 9th Circuit's decision will encourage more lawsuits by passengers who feel that they have been mistreated or injured by airline personnel. The justices' reasoned that if the state law claims of victims do not frustrate the economic deregulation goals of the ADA, then the passengers should have a chance to prove their case in court. Thus, I believe that if this decision is followed by the other federal circuits, many of the types of disputes, which were previously preempted, may now be viable.
Airlines are commercial carriers which make a lot of money from ticket revenue.
Airlines sell tickets for a transportation service with the implied representation that they will safely and comfortably carry passengers to their destination. Almost every service business in our society may be held liable if they provide services negligently so as to cause injury. The law should enable those who have been injured by any carriers' negligence to obtain results in court based on the strength of their case. This decision will correct the arbitrary implementation of a preemption law that was designed for economic regulation, not tort reform. Insurance defense lawyers tell the story about the intersectional collision between a bus and a van.