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HOWELL v. ALASKA AIRLINES, INC.

No. 44441-7-I.

994 P.2d 901 (2000)

99 Wash.App. 646

Lembhard G. HOWELL, Sherry Tiernan, Robert Kuvara, Gordon Hough, Sharon Johnston, Joan Fowler, and Burton Killian, on their own behalf and on behalf of all other members of the class, Appellants, v. ALASKA AIRLINES, INC., a foreign corporation, doing business in the State of Washington, Respondent.

Court of Appeals of Washington, Division 1.

March 6, 2000.

Attorney(s) appearing for the Case

Lembhard Howell, Seattle, for Appellants.

Parker Folse, Seattle, Lauren Kares, Houston, TX, for Respondent.

GROSSE, J.

Claims of airline passengers seeking a refund of unused, and explicitly nonrefundable, tickets on the grounds of impossibility of performance, frustration of purpose, illusory promises, procedural and substantive unconscionability, breach of the duty of good faith and fair dealing, and unjust enrichment, are preempted under the Airline Deregulation Act of 1978(ADA).1 The order dismissing the appellants' complaint with prejudice...

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