United States Ninth Circuit

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Hickcox-Huffman v. US Airways, Inc., 11-16305

In a putative class action alleging claims against an airline defendant for refunds passengers paid as baggage fees, the district court's Fed. R. Civ. P. 12(b)(6) dismissal, based on preemption by the Airline Deregulation Act, is reversed where: 1) plaintiff passenger pleaded breach of contract; and 2) plaintiff sufficiently alleged that the airline promised under the terms of transportation to deliver her bag when she landed.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/05/03

Judges

  • KLEINFELD

Court

  • United States Ninth Circuit

Counsel


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