Rescission Claims for Covid-19 Flight Cancellation Refunds but does not Apply to Plaintiff's Breach of Contract Claims based on Airline's Conditions of Carriage
Plaintiff asserted state law claims for breach of contract and rescission on behalf of a putative class in federal court in the
ANA filed multiple motions to dismiss, including a motion for failure to state a claim. ANA argued Plaintiff's claims were preempted by the Airline Deregulation Act ("
The Court denied the motion to dismiss Plaintiff's breach of contract claims on preemption grounds but granted the motion on the ground that Plaintiff failed to allege that she complied with ANA's condition precedent for a refund. Plaintiff argued the COC required ANA to provide her with a "prompt refund" upon the cancellation of her flight. The Court concluded that Plaintiff's claims were not preempted because they were grounded in the express terms of the COC and the
The Court also granted the motion to dismiss Plaintiff's rescission claims as preempted under the ADA. Per the Court, the
Bugarin shows that airlines can expect to continue to face creative theories of liability arising from service disruptions occasioned by the global Covid-19 pandemic. Bugarin v.
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