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United States Ninth Circuit


Gilstrap v. United Airlines, Inc., 11-55271

District court's dismissal of suit alleging causes of action under California state tort law and the Americans with Disabilities Act for defendant airline's failure to provide plaintiff with adequate assistance moving through the airport, is: 1) reversed in part, where the Air Carrier Access Act and its implementing regulations preempt state standards of care with respect to the circumstances under which airlines must provide assistance to passengers with disabilities in moving through the airport but do not preempt state-law remedies available for violation of those standards, or state-law personal-injury claims involving how airline agents interact with passengers with disabilities who request assistance in moving through the airport; but 2) affirmed in part as to the ADA claim, because an airport terminal is not a place of public accommodation.

Appellate Information

  • Decided 03/12/2013
  • Published 03/12/2013

Judges

  • BERZON

Court

  • United States Ninth Circuit

Counsel

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