Hekmat v. U.S. Transportation Security Administration
247 F. Supp. 3d 427
| S.D.N.Y. | 2017Background
- Plaintiffs Natalie and Michael Hekmat checked luggage containing about $95,000 in jewelry on a JetBlue flight from JFK to LAX; luggage was screened by TSA before flight and jewelry was missing when retrieved at LAX.
- Plaintiffs filed an amended complaint asserting six counts: bailment, negligence (multiple theories), failure to supervise (against both defendants), and breach of contract (against JetBlue).
- JetBlue moved to dismiss under Rule 12(b)(6); TSA moved under Rules 12(b)(1) and 12(b)(6) (and raised FTCA defenses).
- JetBlue invoked ADA preemption as to tort claims and relied on its Contract of Carriage (incorporated by passengers) to disclaim liability for jewelry carried in checked baggage.
- TSA argued plaintiffs’ claims against it are barred by the FTCA discretionary-function exception and that bailment was not alleged because TSA lacked exclusive possession.
- The Court granted both motions and dismissed the action in full.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ADA preemption of tort claims against JetBlue | Hekmat says JetBlue’s negligence and bailment claims are state torts not preempted | JetBlue: baggage handling is an airline "service"; state tort claims are preempted by 49 U.S.C. § 41713 | Court: ADA preempts plaintiffs’ tort claims against JetBlue (baggage handling is a service; claims directly affect service; conduct reasonably related to providing service) |
| Breach of contract against JetBlue — pleading sufficiency | Hekmat: contract claim based on expectation baggage would be delivered safely | JetBlue: complaint fails to identify specific contract terms breached | Court: breach claim inadequately pleaded for lack of specific contractual term breach; dismissal warranted |
| Contract of Carriage incorporation and liability exclusion | Hekmat: never received/read Contract of Carriage; exclusion inapplicable if jewelry was stolen | JetBlue: electronic ticket incorporated Contract of Carriage by reference and it excludes carriage liability for jewelry | Court: Contract of Carriage properly incorporated by notice; exclusion for jewelry applies and bars JetBlue liability regardless of loss being theft or not |
| TSA bailment, negligence, and FTCA discretionary-function defense | Hekmat: TSA liable for bailment and negligent failure to prevent/ supervise theft | TSA: no exclusive possession (so no bailment); negligence and supervision claims fall within FTCA discretionary-function exception | Court: Bailment fails (no allegation TSA had exclusive control). Negligence/failure-to-supervise barred by FTCA discretionary-function exception; claims dismissed |
Key Cases Cited
- Fountain v. Karim, 838 F.3d 129 (2d Cir.) (jurisdictional burden and Rule 12(b)(1) standard)
- Harris v. Mills, 572 F.3d 66 (2d Cir.) (Rule 12(b)(6) pleading standard)
- Ashcroft v. Iqbal, 556 U.S. 662 (Sup. Ct.) (plausibility standard for complaints)
- Morales v. Trans World Airlines, Inc., 504 U.S. 374 (Sup. Ct.) (ADA preemption "related to" standard)
- Nw., Inc. v. Ginsberg, 134 S. Ct. 1422 (Sup. Ct.) (ADA preemption of state tort claims involving airlines)
- Air Transp. Ass'n of Am., Inc. v. Cuomo, 520 F.3d 218 (2d Cir.) (baggage handling counted as an airline "service" for ADA preemption)
- Abdel-Karim v. EgyptAir Airlines, 116 F. Supp. 3d 389 (S.D.N.Y.) (three-part ADA preemption test applied to baggage handling)
- United States v. Gaubert, 499 U.S. 315 (Sup. Ct.) (FTCA discretionary-function exception prevents second-guessing policy-based agency decisions)
- Nicosia v. Amazon.com, Inc., 834 F.3d 220 (2d Cir.) (online notice can bind users to incorporated terms)
- Coulthurst v. United States, 214 F.3d 106 (2d Cir.) (FTCA waiver and discretionary-function analysis)