DAZO v. GLOBE AIRPORT SEC. SERVICES

No. 00-15058.

268 F.3d 671 (2001)

Ester DAZO, an individual, Plaintiff-Appellant, v. GLOBE AIRPORT SECURITY SERVICES, a Delaware corporation; Trans World Airlines, Inc., a Delaware corporation; Continental Airlines, Inc., a Delaware corporation; America West Airlines, a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 11, 2001.


Attorney(s) appearing for the Case

Christopher Ashworth, San Jose, California, for the plaintiff-appellant.

Thomas P. Gmelich, Barry A. Bradley, Glendale, California, for defendant-appellee Globe Airport Security Services.

Bonnie R. Cohen, Kymberly E. Speer, San Francisco, California, for defendants-appellees America West Airlines, Inc., Trans World Airlines, Inc., and Continental Airlines, Inc.

Before: O'SCANNLAIN, TASHIMA, and THOMAS, Circuit Judges.


Opinion by Judge O'SCANNLAIN; Dissent by Judge TASHIMA

O'SCANNLAIN, Circuit Judge:

We must decide whether the Warsaw Convention relating to international air transportation preempts state law claims for damages from the theft of a carry-on bag from an airport security checkpoint.

I

On May 12, 1999, Ester Dazo ("Dazo") entered Terminal C at the San Jose International Airport, where she intended to board an 11:50 a.m. flight to Toronto, connecting...

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