Wilson v. Caribbean Airlines Limited
1:20-cv-04524
| E.D.N.Y | Jul 13, 2022Background
- On Oct. 6, 2018, plaintiff Simeon Wilson flew from Georgetown, Guyana, to New York on a Caribbean Airlines Limited (CAL) flight.
- After airport security in Guyana, Wilson turned his checked suitcase over to Guyanese officials for loading onto the CAL aircraft.
- Upon arrival in New York, U.S. Customs inspected Wilson’s suitcase and found more than two kilograms of cocaine; Wilson was released on bail and criminal charges were dropped about ten weeks later.
- Wilson sued CAL for negligence, alleging CAL negligently handled his baggage and failed to prevent drugs from being planted.
- CAL moved for summary judgment, arguing Wilson’s state-law tort claim is preempted by the Airline Deregulation Act (ADA).
- The district court granted summary judgment for CAL, holding the ADA preempts Wilson’s negligence claim and dismissed the case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wilson’s negligent-baggage-handling claim is preempted by the ADA | The relevant activity is securing passengers’ baggage from drug trafficking, not an airline service; claim is peripheral to airline regulation | Baggage handling is an airline "service," and a negligence claim requiring changed baggage procedures "relates to" airline service and is preempted | ADA preempts: baggage handling is a service, the claim directly affects that service, and negligence (not intentional, outrageous conduct) does not avoid preemption; summary judgment for CAL granted |
| Whether the Montreal Convention also preempts the claim | (Not dispositively argued by court) | CAL argued Montreal Convention preempts the claim | Court declined to reach the Montreal Convention argument |
Key Cases Cited
- Morales v. Trans World Airlines, 504 U.S. 374 (1992) (ADA’s "relating to" language has broad preemptive purpose)
- American Airlines, Inc. v. Wolens, 513 U.S. 219 (1995) (ADA preemption of state consumer-protection claims implicating airline economics)
- Northwest, Inc. v. Ginsburg, 572 U.S. 273 (2014) (common-law claim preempted where it related to airline services)
- Air Transp. Ass’n of Am. v. Cuomo, 520 F.3d 218 (2d Cir. 2008) ("service" includes boarding procedures and baggage handling)
- Rombom v. United Air Lines, Inc., 867 F. Supp. 214 (S.D.N.Y. 1994) (three-part ADA preemption test applied by Second Circuit courts)
- Abdel-Karim v. EgyptAir Airlines, 116 F. Supp. 3d 389 (S.D.N.Y. 2015) (claims requiring different baggage procedures are not peripheral and may be preempted)
- Weiss v. El Al Israel Airlines, Ltd., 471 F. Supp. 2d 356 (S.D.N.Y. 2006) (third prong applies only to "outrageous or unreasonable" conduct)
- Hekmat v. U.S. Transp. Sec. Admin., 247 F. Supp. 3d 427 (E.D.N.Y. 2017) (negligence in baggage handling satisfies third prong and can be preempted)