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  • September 30, 2019

Flying High? Should Airlines fear judicial efforts to check their autonomy?

Airline travel is a distinctive means of transport, with the ability to move great distances, over varied terrain, in relatively short periods of time.  These characteristics which have made airplane travel atypical amongst transportation options, have also made it unique in the law. Specifically, under the Airline Deregulation Act of 1978 (“ADA”) federal authority preempts State authority, and the individual States are prohibited from regulating matters having a connection with or reference to airline rates, routes, or services.  See, for example, Morales v. Trans World Airlines, Inc., 504 U.S. 374 (1992). However, the airlines’ exemption from State law is not…

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