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JETWAY BA-130L DRIVER
Preemption Principles It is a "fundamental principle of the Constitution" that the Supremacy Clause gives Congress the power to preempt state law. National Foreign Trade Council, U.
Preemption of state law by a statute enacted by Congress may take three forms: Express preemption requires "language in the federal statute that reveals an explicit congressional intent to pre-empt state law. In the absence of an express statutory preemption clause, conflict preemption may be implied "where it is impossible for a private party Jetway BA-130L comply with both state and federal requirements. Field preemption occurs when Congress creates a regulatory scheme so pervasive in a particular subject area as to demonstrate that it "intends federal law to occupy the field. In all forms, preemption turns on congressional intent. The court must therefore begin, "as in any Jetway BA-130L of statutory construction[,] with the text of the provision in question, and move on, as need be, to the structure and purpose of the Act in which it occurs.
However, because "Congress does not cavalierly pre-empt state-law causes of action," it is presumed "that the historic police powers of the States were not to be superseded by the Federal Act unless that was the clear and Jetway BA-130L purpose of Congress. The ADA, which amended the Federal Aviation Act of "FAA"includes a preemption clause that prohibits any state from "enact[ing] or enforc[ing] a law, Jetway BA-130L, or other provision having the force and effect of law related to a price, route, or service of an air carrier Trans World Airlines, Inc.
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The Court has therefore held that the words "related to," as used in this clause, "express a broad preemptive purpose" and encompass all state laws "having Jetway BA-130L connection with or reference to" airline prices, routes, or services, even if those laws do not directly Jetway BA-130L those activities. Under this standard, enforcement of state laws against airlines on the basis of how particular services are provided is preempted unless it affects those services in "too tenuous, remote, or peripheral a manner" to warrant preemption. Here, JetBlue argues that the ADA preempts state-law tort claims arising from its employees' attempt to accommodate a passenger's disability during boarding.
To analyze the applicability of the statute's preemption clause to this claim, the Court must therefore determine 1 whether assistance given to disabled passengers during boarding is a "service" within the meaning of the ADA and 2 whether state negligence law, applied to personal injuries incurred during the course of this assistance, is sufficiently "related to" that service to warrant Jetway BA-130L. The first issue is complicated by the fact that the ADA does Jetway BA-130L define "service" as used in the preemption clause.
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Neither the Supreme Court nor the First Circuit has addressed the scope Jetway BA-130L activities encompassed by the term. Absent direct authority, this Court considers the decisions of other courts for guidance.
The Courts of Appeals that have addressed this issue "have taken directly conflicting positions" regarding the meaning of "service" under 49 U. America West Airlines, Inc. See also Northwest Airlines, Inc. The Ninth Circuit has adopted a narrow construction of the term. Several other Jetway BA-130L, however, have adopted a broader construction of "service" that includes the full range of activities performed by airline employees for the benefit of passengers. The Seventh and Eleventh Circuits have adopted this definition.
Travel All Over the World, Inc. Kingdom of Saudi Arabia, 73 F.
The Second Circuit, while stopping short of endorsing the Hodges rule, has similarly rejected a definition as narrow as that endorsed in Charas. Air Transport Ass'n of Am. District Courts within Jetway BA-130L First Circuit have generally adopted the Hodges approach, holding that "service" includes activities peripheral to point-to-point transportation itself. British Airways, F. Form factor: ATX mm x mm.
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