In Re AIR CARGO SHIPPING SERVICES ANTITRUST LITIGATION

In Re AIR CARGO SHIPPING SERVICES ANTITRUST LITIGATION

The term "air carrier" in 49 U.S.C. §41713(b)(1) encompasses foreign as well as domestic air carriers; legislative history, the IATCA, the Sunset Act, the purpose of deregulation, and canons favoring uniform national regulation compel reading the preemption provision to bar state-law claims against foreign carriers,...

Source-derived case information.

Citation
697 F.3d 154; 2012 WL 4820732; 2012 U.S. App. LEXIS 21091
Parties
Appellants: Plaintiffs (indirect purchasers of air freight shipping services); Defendants Appellees: Numerous foreign airlines (defendants-appellees)
Court
Court of Appeals for the Second Circuit
Jurisdiction
United States
Judgment Date
11 October 2012
Case Number
Docket 11-5464-cv
Procedural Posture
Antitrust Civil Appeal (class/consumer Claims) / Appeal From District Court Order Dismissing State Law Claims as Expressly Preempted; Partial Final Judgment Under Rule 54(b) Appealed
Outcome
Affirmed
Legal Topics
Express Preemption, Foreign Air Carriers, Price Fixing Conspiracy, Statutory Interpretation, Legislative History
Source Language
english
Antitrust Preemption Aviation Law State Consumer Protection Law Civil Procedure Express Preemption Foreign Air Carriers Price Fixing Conspiracy +2 more

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Parties

Plaintiffs (indirect purchasers of air freight shipping services)

Appellants

Numerous foreign airlines (defendants-appellees)

Defendants Appellees

Procedural Posture

Antitrust Civil Appeal (class/consumer Claims) / Appeal From District Court Order Dismissing State Law Claims as Expressly Preempted; Partial Final Judgment Under Rule 54(b) Appealed

Legal Issues

  1. 1 Whether 49 U.S.C. § 41713(b)(1) preempts state-law antitrust, consumer protection, and unfair competition claims brought against foreign air carriers

Ratio Decidendi

The term "air carrier" in 49 U.S.C. §41713(b)(1) encompasses foreign as well as domestic air carriers; legislative history, the IATCA, the Sunset Act, the purpose of deregulation, and canons favoring uniform national regulation compel reading the preemption provision to bar state-law claims against foreign carriers, so plaintiffs' state-law claims are expressly preempted.

Court Disposition

Affirmed

Orders

  • Affirmed district court dismissal of plaintiffs' state-law antitrust, consumer protection, and unfair competition claims as expressly preempted by 49 U.S.C. § 41713(b)(1)
  • Partial final judgment under Fed. R. Civ. P. 54(b) permitting immediate appeal is upheld; direct-purchaser claims remain in district court