836 F. Supp. 2d 33
D. Mass.2011Background
- Gill and spouse sue JetBlue for injuries to Gill, incomplete quadriplegic, during boarding; ADAA/ACAA preemption issues raised; suit based on diversity jurisdiction; incident Feb. 1, 2009; two tickets Boston–Tampa; early boarding granted; transfer to aisle/boarding chair; armrest removal and left-armrest complications led to fall; EMS called; Gill treated in Tampa and Boston; complaint filed July 6, 2010; JetBlue moved for judgment on the pleadings under Rule 12(c); court considers preemption scope and training standards.
- Court analyzes ADA preemption and ACAA field preemption; decides broad “service” scope includes boarding assistance but excludes aircraft operation; negligent training potentially preempted; negligent provision of assistance not preempted; damages remain available if federal standard violated.
- Court distinguishes between field of federal regulation and general state tort law; ADA preempts state law “related to” prices, routes, or services to the extent it affects those services; ACAA may preempt discrimination-focused or negligent-disability-assistance claims; court allows claim-specific preemption analysis.
- Claims are not preempted to the extent of negligent provision of boarding assistance; ACAA preempts negligent training claims; but state-law damages remain if federal standard violated.
- Court declines implied private right of action under ADA/ACAA; private rights of action not found; remedies proceed under state tort law; relief under federal law not recognized.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ADA preemption of state tort claims | Gill claims state torts relate to airline services | JetBlue asserts ADA preempts related-state-law claims | ADA preemption partly; service defined broadly but not all torts preempted |
| Whether boarding service is within ADA definition of ‘service’ | Boarding assistance is a service under ADA | Service scope should be narrow | Court adopts broad Hodges view: boarding assistance is a service |
| Whether negligence claims relate to boarding service | Negligence against employees for boarding conduct | Relates to airline services preemption | Not preempted if negligence is general duty of care; preemption limited to training duties under ACAA |
| ACAA preempts negligent training claims | Training compliance is needed under 14 C.F.R. § 382.141 | ACAA preempts state training standards | ACAA preempts state-law training standard; damages may still be pursued if federal standard violated |
| Private right of action under ADA/ACAA | Private rights exist for damages | No implied private right | No private right implied; remedies stay under state tort law |
Key Cases Cited
- Morales v. Trans World Airlines, Inc., 504 U.S. 374 (U.S. 1992) (broad ADA preemption over airline prices, routes, services)
- Wolens v. American Airlines, Inc., 513 U.S. 219 (U.S. 1995) (preemption of consumer-protection claims in airline context)
- Hodges v. Delta Airlines, Inc., 44 F.3d 336 (5th Cir. 1995) (broad service definition including boarding procedures; negligence not preempted)
- Taj Mahal Travel, Inc. v. Delta Airlines, Inc., 164 F.3d 186 (3d Cir. 1998) (limits of ADA preemption in airline field; preemption not all torts)
- Abdullah v. American Airlines, Inc., 181 F.3d 363 (3d Cir. 1999) (FAA preemption of in-flight safety standards; damages may be recoverable)