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Supreme Court Declines Skycaps’ Appeal of Tip Claim Preemption Ruling
Wednesday, April 9, 2014

Presumably ending the long-running litigation regarding whether certain Massachusetts skycaps’ common law claims challenging the imposition of a $2 curbside baggage handling fee that allegedly caused a reduction in tips are preempted, the U.S. Supreme Court has declined to hear an appeal of the First Circuit’s 2013 decision finding those claims preempted by the Airline Deregulation Act.  Brown v. United Airlines, Inc., U.S., No. 13-444, cert. denied 4/7/14.  While the Court has elected to tackle certain wage-and-hour issues recently, its refusal here leaves intact this leading appellate court ruling holding that the Airline Deregulation Act preempts such claims based on the impact the cost of such services has on the “price, route, or service of an air carrier.”

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