AVIATION / Passenger claims against airline for negligence and breach of covenant of good faith and fair dealing preempted by Airline Deregulation Act of 1978; contract claim not preempted.

Airline passenger plaintiff unsuccessfully seeks recovery against airline for negligence and breach of covenant of good faith and fair dealing because federal preemption bars those claims in these circumstances.

Benedetto v. Delta Air Lines, Inc., Slip copy, 2013 WL 100055 (U.S. District Court for the District of South Dakota, January 7, 2013). Free copy available here.

On federal preemption of negligence and breach of covenant of good faith and fair dealing, two key points in the court’s holdings: Continue reading