United States Fifth Circuit

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WITTY v. DELTA AIR LINES, INC., 03-30654

Passenger who allegedly developed Deep Vein Thrombosis on one of defendant's flights raises state tort claims that are preempted by federal law. Any requirement increasing leg room would "relate to price" and is thus preempted by the ADA; any state law regarding safety warnings that airlines must give passengers is preempted. Judgment is rendered for defendant.

Appellate Information

  • Decided 04/13/2004
  • Published 04/13/2004

Judges

  • REAVLEY, Circuit Judge:, Before REAVLEY, DAVIS and DeMOSS, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellees:
  • Gerald Gregory Green (argued), Law Offices of G. Gregory Green, Monroe, LA, for Plaintiff-Appellee., Michael David Ferachi, McGlinchey Stafford, Baton Rouge, LA, Jeffrey J. Ellis (argued), Quirk & Bakalor, New York City, for Defendant-Appellant.