A primary purpose was to "ensure that the States would not undo federal deregulation with regulation of their own." Morales, 504 U.S. may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier that may provide air transportation under this subpart.Ĥ9 U.S.C. To this end, the ADA included a broad preemption provision: Except as provided in this subsection, a State. Congress shifted course in the ADA, seeking "to promote `efficiency, innovation, and low prices' in the airline industry through `maximum reliance on competitive market forces and on actual and potential competition.'" Nw., Inc. The Preemption Landscape.īefore Congress enacted the ADA in 1978, the Federal Aviation Act (FAA) authorized the Civil Aeronautics Board to regulate air carriers' fares and trade practices a savings provision preserved preexisting statutory and common law remedies. We affirm on a narrower basis than Air EVAC urges on appeal. The district court 1 dismissed all claims as preempted by the express preemption provision in the Airline Deregulation Act (ADA), 49 U.S.C. Air EVAC removed the action to the Eastern District of Arkansas and moved to dismiss. Ferrell brought this putative class action against Air EVAC asserting three claims for relief under Arkansas law: (i) a declaratory judgment that any contract between Air EVAC and class members is unenforceable because it lacks an essential price term (ii) damages under the Arkansas Deceptive Trade Practices Act for concealing or omitting disclosure of its price until it completes air-ambulance transport and (iii) a declaratory judgment that Air EVAC may not seek restitution against class members because it lacks clean hands. His insurer, Arkansas Blue Cross, paid $1000.00, leaving him owing a balance of $29,083.26. A few months after the transport, Air EVAC sent Ferrell a bill for $30,083.26. (Air EVAC), an air-ambulance operator, to transport him by helicopter to another hospital forty-one miles away. James Ferrell checked into the emergency room at a hospital in Warren, Arkansas, experiencing chest pain.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |