United States First Circuit

In this case, plaintiff sued defendant FedEx for invasion of privacy, infliction of emotional distress, and negligence. Summary judgment in defendant's favor is affirmed, where: 1) plaintiff's common-law claims all depend on defendant's mislabeling and misdelivery of their package, plainly implicating defendant's services and satisfying the linkage element of Airline Deregulation Act (ADA) preemption; and 2) plaintiff's common-law claims are therefore barred by ADA preemption.

Appellate Information

• Decided 12/30/2014
• Published 12/30/2014

Judges

• Selya

Court

• United States First Circuit

Counsel