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Old Jun 12, 2008 | 3:41 pm
  #22  
DaDaDan
 
Join Date: Dec 2007
Posts: 1,687
Originally Posted by AtlantaAl
Which brings me to wonder...Joe Moviestar fades off to sleep and drools red wine remnants all over his fancy off white sweater in biz on the NRT-ATL. Pa Kettle spies Joe all messed up on his way back to coach, and snaps a few shots that end up on TMZ under the headline "Oh Joe, say it ain't so." Does Joe, as a limited purpose public figure, have any recourse against Mr. Kettle or Delta?
I vote that the business class cabin does not create a reasonable expectation of privacy. The whole seating area of the plane is a public place. I'm not even sure if DL has a solid policy on passengers crossing cabins, except on inbound US international flights where the TSA forces their hand. In any case, Mr. Kettle does not have a duty to Joe to respect such a rule if it exists, so there's no recourse to him. For DL to be liable, I would say that it's contract with Joe would have to explicitly say that it accepts responsibility for maintaining the privacy of the business class cabin, which it doesn't. I don't buy that a general on-board announcement asking passengers not to cross between cabins counts for anything, either interpreting it as incorporated in the contract between Joe and DL or as a non-contractual promise on which Joe could reasonably rely (promissory estoppel).
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