A Brooklyn appellate court has clipped the wings of a putative class action suit from an airline passenger who spent 11 hours on the tarmac waiting for her flight to take off.
“The plaintiff’s intentional tort and fraud claims relate to the provision of airline service and are, therefore, preempted by federal law,” Justice Leonard Austin (See Profile) wrote for a unanimous panel of the Appellate Division, Second Department, in Biscone v. JetBlue Airways, 700140/10.
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