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LEONARD v. NORTHWEST AIRLINES, INC.

No. C0-99-948.

605 N.W.2d 425 (2000)

Beth LEONARD, on behalf of herself and all others similarly situated, Appellant, v. NORTHWEST AIRLINES, INC., Respondent.

Court of Appeals of Minnesota.

February 8, 2000.

Attorney(s) appearing for the Case

Samuel D. Heins, Daniel E. Gustafson, Kristine M. Boylan, Heins Mills & Olson, P.L.C., Minneapolis, MN, Leonard B. Simon, Dennis Stewart, Joseph D. Daley, Milberg Weiss Bershad Hynes & Lerach LLP, San Diego, CA, Daniel A. Farber, Minneapolis, MN (of counsel), for appellant).

Thomas Tinkham, Michael J. Wahoske, Andre T.M. Hanson, Dorsey & Whitney LLP, Minneapolis, MN (for respondent).

Considered and decided by LANSING, Presiding Judge, WILLIS, Judge, and HALBROOKS, Judge.

OPINION

LANSING, Judge.

The district court dismissed an airline ticket purchaser's breach-of-contract and unjust-enrichment claims as preempted by the Airline Deregulation Act (ADA) and awarded the airline attorneys' fees under Minnesota Rule of Civil Procedure 11. We agree that the ADA preempts the claims. But the ticket purchaser's argument that the claims are outside the scope of the ADA's preemption clause has a legal basis,

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