Justia Aviation Opinion Summaries

Plaintiff, who has difficulty walking because of certain health problems, alleged that United did not provide her with adequate assistance moving through the airport on two airplane trips and that she suffered physical and emotional injuries as a result. The court held that the Air Carrier Access Act (ACAA), 49 U.S.C. 40101 et seq., and its implementing regulations preempted state and territorial standards of care with respect to the circumstances which airlines must provide assistance to passengers with disabilities in moving through the airport. The ACAA did not, however, preempt any state remedies that could be available when airlines violated those standards. The court also held that the ACAA and its implementing regulations did not preempt state-law personal injury claims involving how airline agents interact with passengers with disabilities who requested assistance in moving through the airport. Finally, the court held that a terminal used for transportation by aircraft was excluded from definition as a Title III-covered place of public accommodation under the Americans with Disabilities Act (ADA), 42 U.S.C. 12181 et seq. Accordingly, the court affirmed in part, reversed in part, and remanded in part. View "Gilstrap v. United Air Lines, Inc." on Justia Law

Plaintiff sued the Richmond International Airport and TSA agents, alleging violations of his constitutional rights when he was seized and arrested for displaying the text of the Fourth Amendment on his chest. The district court denied the TSA agents' motion to dismiss the First Amendment claim and the TSA agents appealed. Because the court found that the facts as alleged by plaintiff plausibly set forth a claim that the TSA agents violated his clearly established First Amendment rights, the court affirmed the district court's decision. View "Tobey v. Jones" on Justia Law

Plaintiffs appealed from the district court's dismissal of their complaint for declaratory and injunctive relief. Plaintiffs initiated this proceeding against defendants, challenging the use of advanced imaging technology (AIT) scanners and invasive pat-downs at airport screening checkpoints in the United States. On appeal, plaintiffs maintained that the district court erred in dismissing the complaint for lack of subject matter jurisdiction because the TSA's standard operating procedures for checkpoint screenings did not constitute an "order" under 49 U.S.C. 46110. Alternatively, plaintiffs argued, that section 46110's conferral of exclusive jurisdiction in a court of appeals deprived them of due process and contravened the separation of powers rooted in the Constitution. The court held that it had jurisdiction under 28 U.S.C. 1291; on the merits, the district court did not err in ruling that the Checkpoint Screen SOP constituted an order of the TSA Administrator under section 46110; and plaintiffs' remaining contentions lacked merit. Accordingly, the court affirmed the judgment. View "Blitz v. Napolitano" on Justia Law

Petitioner Air Wisconsin Airlines Corporation employed Respondent William Hoeper as a pilot. The Transportation Security Administration (TSA) issued Respondent a firearm under the federal statute that authorizes the TSA to deputize pilots as law enforcement officers to defend the aircraft should the need arise. After discontinuing its use of the type of aircraft Respondent had piloted for many years, Air Wisconsin required Respondent to undertake training and pass a proficiency test for a new aircraft. Respondent failed three proficiency tests, knowing that if he failed a fourth test, he would be fired. During the last test, Respondent became angry with the test administrators because he believed they were deliberately sabotaging his testing. Test administrators reported Respondent's angry outbursts during testing to the TSA that Respondent was "a disgruntled employee (an FFDO [Federal Flight Deck Officer] who may be armed)" and was "concerned about the whereabouts of [Respondents] firearm." Respondent brought suit against Air Wisconsin in Colorado for defamation under Virginia law. Air Wisconsin argued it was immune from defamation suits as this under the Aviation and Transportation Security Act (ATSA), and unsuccessfully moved for summary judgment. The jury found clear and convincing evidence that statements made by the airline test administrator were defamatory. Air Wisconsin appealed and the court of appeals affirmed. The court of appeals determined that the question of whether the judge or jury decided immunity under the ATSA was a procedural issue determined by Colorado law, and concluded that the trial court properly allowed the jury to decide the immunity question. Air Wisconsin appealed. Upon review, the Supreme Court affirmed the court of appeals, adding that the airline was not immune from suit or defamation under the ATSA. Furthermore, the Court held that the record supported the jury's finding of clear and convincing evidence of actual malice. View "Air Wisconsin Airlines Corp. v. Hoeper" on Justia Law

Plaintiff appealed from a judgment dismissing her disability-discrimination complaint against JetBlue. Plaintiff alleged that she required wheelchair assistance as a result of her disability and that JetBlue discriminated against her by failing to provide timely wheelchair assistance. The court affirmed the order of the district court because no private right of action existed for a violation of the Air Carrier Access Act of 1986, 49 U.S.C. 41705, and Title III of the Americans with Disabilities Act of 1990, 42 U.S.C. 12181-12189, did not apply to services provided by an air carrier in an airport terminal used primarily to facilitate air transportation. View "Lopez v. Jet Blue Airway" on Justia Law

Plaintiff challenged the constitutionality of a provision of the Fair Treatment for Experienced Pilots Act ("FTEPA"), 49 U.S.C. 44729, which allowed some pilots, but not him, to take advantage of Congress's decision to raise the mandatory retirement age from 60 to 65. Plaintiff also alleged that his former employer and former union violated a state law banning age discrimination in employment by failing to place him in a position at work that would have allowed him the benefit of the new retirement age. At issue was whether the district court properly dismissed plaintiff's state age discrimination claims. The court concluded that plaintiff did not make clear in his complaint that he was suing his former employer for its failure to demote him to a status that might help him take advantage of the new age limit in the FTEPA and his complaint never alleged that he requested a demotion, that he was qualified for such a position, or that such positions were available, all facts he would need to prove to make out a prima facie case of age discrimination for failure to demote under the state discrimination statute. Accordingly, the court declined to pass on the merits of an argument the district court had no chance to consider and affirmed the dismissal of plaintiff's suit. View "Jones v. Air Line Pilots Assoc., et al." on Justia Law