United States First Circuit

Dismissal of a suit against airlines for recovery of various fees and taxes collected at the time of plaintiffs' purchase of nonrefundable tickets is affirmed where: 1) the consumer protection provisions of the Airline Deregulation Act do not permit the imputation of a private right of action against an airline and, therefore, the plaintiffs do not have an implied right of action under 14 C.F.R. section 253.4 or section 253.7; and 2) plaintiffs' state law claims against the airlines are preempted by the ADA.

Appellate Information

• Decided 02/07/2007
• Published 02/07/2007

Judges

• SELYA, Senior Circuit Judge., Before HOWARD, Circuit Judge, SELYA, Senior Circuit Judge, and SHADUR, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Evans J. Carter, with whom Evans J. Carter, P.C. was on brief, for appellants.


• For Appellees:
  
• Matthew A. Porter, with whom Michael S. Shinand Dechert LLP were on brief, for appellees American Airlines, Inc., Alaska Airlines, Inc., Continental Airlines, Inc., Southwest Airlines Co., Airlines Reporting Corp., and Air Transport Association of America, Inc., Ethan G. Shenkman, with whom Daniel M. Esrick, David W. Ogden, and Wilmer Cutler Pickering Hale and Dorr LLP were on brief, for appellee Deutsche Lufthansa A.G., Kevin C. Cain and Peabody & Arnold LLP on brief for appellees Aer Lingus Ltd., Alitalia-Linee Aeree Italiane S.p.A. d/b/a Alitalia Airlines, and British Airways, PLC, d/b/a British Airways., Thomas J. Whalen, with whom Kathleen M. Guilfoyle, Campbell Campbell Edwards & Conroy, P.C., and Eckert Seamans Cherin & Mellott, LLC were on brief, for appellees China Eastern Airlines Co. and China Southern Airlines Co.