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MOODY v. FEDERAL EXP. CORP.

No. 5-05-0519.

858 N.E.2d 918 (2006)

306 Ill.Dec. 860

Erin MOODY, Individually and as the Representative of a Class of Similarly Situated Persons, Plaintiff-Appellant, v. FEDERAL EXPRESS CORPORATION, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

Motion to Publish Granted October 19, 2006.

Opinion Filed October 19, 2006.

Attorney(s) appearing for the Case

Paul M. Weiss, Tod A. Lewis, Freed & Weiss, LLC, Malik R. Diab, Thomas G. Macey, Macey, Chern & Diab, Chicago, Gail G. Renshaw, Thomas G. Maag, The Lakin Law Firm, P.C., Wood River, for Appellant.

Robert H. Shultz, Jr., Heyl, Royster, Voelker & Allen, Edwardsville, Karen L. Kendall, Craig L. Unrath, Heyl, Royster, Voelker & Allen, Peoria, Richard R. Roberts, Justin M. Ross, Federal Express Corp., Memphis, TN, for Appellee.

Justice McGLYNN delivered the opinion of the court:

The plaintiff, Erin Moody (Moody), individually and on behalf of all those similarly situated, appeals the decision of the circuit court granting a summary judgment in favor of the defendant, Federal Express Corp. (FedEx). On appeal, Moody argues the circuit court erred in finding her claim preempted by the Airline Deregulation Act of 1978 (Airline Deregulation Act) (49 U.S.C. § 41713(b)(1) (2000)). We affirm...

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