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BLACKNER v. CONTINENTAL AIRLINES

311 N.J. Super. 10 (1998)

LESLEY GAY BLACKNER, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF-APPELLANT, v. CONTINENTAL AIRLINES, INC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 24, 1998.

Attorney(s) appearing for the Case

Roger W. Kirby, admitted pro hac vice, argued the cause for appellant (Goldstein, Lite & DePalma, attorneys; Mr. Kirby of counsel, Allyn Z. Lite and Robert J. Berg, on the brief).

Peter B. Van Deventer, Jr. argued the cause for respondent (St. John & Wayne, attorneys; Mr. Van Deventer and Douglas H. Amster of counsel and on the brief).

Before Judges NEWMAN, COLLESTER and LESEMANN.

The opinion of the court was delivered by LESEMANN, J.S.C. (temporarily assigned).

Plaintiff Lesley Gay Blackner appeals from a Law Division order granting defendant's motion to dismiss her complaint with prejudice. The order was based on the court's determination that plaintiff's claim was preempted by § 1305(a)(1) of the Airline Deregulation Act of 1978 (ADA), 49 U.S.C.App. 1305(a)(1), which provides that no state may enforce any law "relating to rates...

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