FlyerTalk Forums - View Single Post - Woman sues United for her arrest after trying to poach E+ seat
Old Dec 24, 2014 | 7:32 am
  #34  
EWR764
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From a purely legal perspective, the likelihood is that this one gets bounced on the basis that her claim is preempted by federal law. It is well-settled that state-based standards of care cannot be applied to situations such as passenger removal (for security reasons) in the aviation context. These decisions are firmly within the discretion of the flight crew, per the Federal Aviation Act of 1958, the preemptive effect of which has been upheld time and again in similar cases.
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