790 F.3d 36
1st Cir.2015Background
- A class of airport skycaps sued American Airlines after the airline instituted a $2 per-bag curbside check‑in fee, alleging reduced tips and that the airline failed to disclose that skycaps would not receive the fee.
- Plaintiffs asserted Massachusetts Tips Law claims (Mass. Gen. Laws ch. 149 § 152A) and common‑law claims for tortious interference and unjust enrichment/quantum meruit.
- Plaintiffs sought restitution and statutory damages; they dropped injunctive and retaliation claims after the airline rescinded the fee and policy at issue.
- American moved to dismiss, arguing the Airline Deregulation Act (ADA), 49 U.S.C. § 41713(b)(1), preempted the state‑law and common‑law claims.
- The district court dismissed; plaintiffs appealed. The First Circuit affirmed, holding ADA preemption applied to both the Tips Law and common‑law claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the ADA preempts common‑law claims (unjust enrichment, tortious interference) arising from the $2 curbside fee | Brown: common‑law claims should survive because they address private harm and are not displaced by ADA | American: Brown and DiFiore require preemption because such claims regulate airline prices/services and are state‑imposed | Held: Preempted — Brown controls; common law is a "provision having the force and effect of law" and falls outside Wolens exception |
| Whether the ADA preempts Massachusetts Tips Law claims arising from the curbside fee | Overka: DiFiore is distinguishable or undermined by later cases (Mass. Delivery Ass'n) and requires factual record on impact | American: DiFiore controls; Tips Law claims directly regulate airline service/price display and are preempted | Held: Preempted — DiFiore controls; logical effect analysis shows the Tips Law claim relates to airline price/service |
| Whether intervening Supreme Court and First Circuit decisions (Ginsberg, Mass. Delivery Ass'n) undermine DiFiore/Brown | Overka: Ginsberg narrows Wolens; Mass. Delivery Ass'n requires a factual record before finding preemption | American: Those cases do not disturb DiFiore/Brown and, if anything, support preemption; no categorical record requirement | Held: Rejected — Ginsberg and Mass. Delivery Ass'n do not negate DiFiore/Brown; precedents remain good law |
Key Cases Cited
- DiFiore v. American Airlines, Inc., 646 F.3d 81 (1st Cir. 2011) (ADA preempts state tips law claims tied to airline baggage/curbside services)
- Brown v. United Airlines, Inc., 720 F.3d 60 (1st Cir. 2013) (ADA preempts common‑law claims challenging airline baggage fees; common law is preempted when it regulates airline prices/services)
- Northwest, Inc. v. Ginsberg, 134 S. Ct. 1422 (2014) (ADA preempts implied covenant claims when state law makes covenant a state‑imposed obligation)
- American Airlines, Inc. v. Wolens, 513 U.S. 219 (1995) (Wolens exception: ADA does not preempt suits enforcing self‑imposed contractual obligations)
- Massachusetts Delivery Ass'n v. Coakley, 769 F.3d 11 (1st Cir. 2014) (preemption analysis must consider the real/logical effects of a state scheme; no blanket rule replacing logical‑effect inquiry)