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Contracts
Breach of Contract
Contract of Carriage

Daniel Nasr v. Jetblue Airways Corporation

Published: Jul. 12, 2024 | Result Date: Mar. 21, 2024 | Filing Date: Sep. 29, 2023 |

Case number: 23-cv-01839-JWH-ADS Bench Decision –  Defense

Judge

John W. Holcomb

Court

CD CA


Attorneys

Plaintiff

Michael L. Merriman
(Hilgers Graben PLLC)


Defendant

Samuel P. Trumbull
(Eckert, Seamans, Cherin & Mellott LLC)


Facts

In August 2023, Daniel Nasr filed a class action lawsuit against JetBlue Airways in Orange Superior, alleging breach of contract. According to Nasr, JetBlue's method of returning the "September 11 Security Fees" was a breach of federal law and its contract of carriage. Customers canceling their flights received JetBlue credit rather than refunded through the customer's original form of payment for the Security Fees.

Contentions

DEFENDANT'S CONTENTIONS: After JetBlue removed the action to USDC Central, it sought dismissal, arguing that Nasr's breach of contract claim was preempted by the Airline Deregulation Act.

Result

The court agreed with defendant JetBlue, dismissing the case.


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