Justia Aviation Opinion Summaries

Articles Posted in US Court of Appeals for the Tenth Circuit
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Defendants-Appellees Air Methods Corporation and Rocky Mountain Holdings, LLC provide air ambulance services. Defendants provided air ambulance services to Plaintiffs-Appellants, or in some cases to their minor children. Plaintiffs dispute their obligation to pay the full amounts charged by Defendants because Plaintiffs claim to have never agreed with Defendants on a price for their services. Plaintiffs filed suit, asserting jurisdiction under the Class Action Fairness Act, 28 U.S.C. 1332(d), to determine what, if any, amounts they owe Defendants. Plaintiffs also sought to recover any excess payments already made to Defendants. Defendants moved to dismiss, arguing that Plaintiffs’ claims were pre-empted by the Airline Deregulation Act (ADA), 49 U.S.C. 41713. The district court agreed and dismissed Plaintiffs’ claims with prejudice. The Tenth Circuit affirmed the district court’s dismissal of all Plaintiffs’ breach of implied contract claims, the Scarlett Plaintiffs’ declaratory judgment claim, all Plaintiffs’ unjust enrichment claims, and the Scarlett Plaintiffs’ due process claims; the Court reversed the district court’s dismissal of the Cowen Plaintiffs’ declaratory judgment claim, only with respect to the existence of contracts between the Cowen Plaintiffs and Defendants; and the Court remanded for further proceedings. View "Scarlett v. Air Methods Corporation" on Justia Law

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Defendant Joseph Lynch, II was a first-class passenger on a flight from Philadelphia to Denver. Defendant had consumed at least six beers prior to boarding, and began behaving in a loud, unruly manner once the flight was underway. He repeatedly placed his hands on first-class flight attendant’s lower back as she was serving him beverages, which made her feel “very uncomfortable,” and she tried to move out of his reach each time. Flight attendants refused to serve defendant any more alcohol during the flight, at which point defendant became “irate” and started shouting obscenities to the cabin crew. Defendant was arrested upon landing; while in custody, he continued shouting expletives. A jury found Defendant guilty of violating 49 U.S.C. 46504, which prohibits the in-flight assault or intimidation of a flight crew member or flight attendant that interferes with his or her duties. He received a sentence of four months, followed by a three-year term of supervised release. On appeal, Defendant challenged the district court’s interpretation of the statute, the constitutionality of the statute, and the length of his sentence. After reviewing the district court’s sentencing decision, the Tenth Circuit found no evidence of error and affirmed defendant’s conviction and sentence. View "United States v. Lynch" on Justia Law

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Defendant Joseph Lynch, II was a first-class passenger on a flight from Philadelphia to Denver. Defendant had consumed at least six beers prior to boarding, and began behaving in a loud, unruly manner once the flight was underway. He repeatedly placed his hands on first-class flight attendant’s lower back as she was serving him beverages, which made her feel “very uncomfortable,” and she tried to move out of his reach each time. Flight attendants refused to serve defendant any more alcohol during the flight, at which point defendant became “irate” and started shouting obscenities to the cabin crew. Defendant was arrested upon landing; while in custody, he continued shouting expletives. A jury found Defendant guilty of violating 49 U.S.C. 46504, which prohibits the in-flight assault or intimidation of a flight crew member or flight attendant that interferes with his or her duties. He received a sentence of four months, followed by a three-year term of supervised release. On appeal, Defendant challenged the district court’s interpretation of the statute, the constitutionality of the statute, and the length of his sentence. After reviewing the district court’s sentencing decision, the Tenth Circuit found no evidence of error and affirmed defendant’s conviction and sentence. View "United States v. Lynch" on Justia Law