1. Home
  2. Browse Decisions
  3. F.3d
  4. 555 F.3d
  5. 555 F.3d 806 (2009)
 

MARTIN EX REL. HECKMAN v. MIDWEST EXP. HOLDINGS

No. 07-55063.

555 F.3d 806 (2009)

Lola F. MARTIN, a minor, by and through her guardian ad litem, Carrie HECKMAN, an individual; Malcolm D.S. Martin, a minor, by and through his guardian ad litem, Carrie Heckman, an individual; Wrye Martin; Carrie Heckman, individuals, Plaintiffs, v. MIDWEST EXPRESS HOLDINGS, INC.; Midwest Express Airlines, Inc., a/k/a Midwest Airlines; Skyway Airlines, a/k/a Astral Aviation, Inc., Defendants-third-party-plaintiffs-Appellants, v. Eberhard Braun; Fairchild Dornier Luftfahrt Beteilingungs GMBH; Fairchild Dornier GMBH; Fairchild Dornier Corporation, Third-party-defendant-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Deferred June 6, 2008.

Resubmitted February 9, 2009.

Filed February 9, 2009.

Attorney(s) appearing for the Case

John P. McNicholas, McNicholas & McNicholas, Los Angeles, CA, for the plaintiffs.

Ralph S. LaMontagne, Jr., Shaw Terhar & LaMontagne, Los Angeles, CA, for the defendants-third-party-plaintiffs-appellants.

Arthur I. Willner, Berger Khan, Los Angeles, CA, for the third-party-defendant-appellees.

Before: ALEX KOZINSKI, Chief Judge, CARLOS T. BEA, Circuit Judge, and MARILYN L. HUFF, District Judge.

KOZINSKI, Chief Judge.

We consider whether, and to what extent, the Federal Aviation Act, 49 U.S.C. §§ 40101 et seq., preempts an airline passenger's personal injury claims.

Facts

A pregnant woman fell from an airplane's stairs, injuring herself and her fetus. She sued the airline, Midwest Express, and the airplane's manufacturer, Fairchild Dornier and related companies, alleging that the stairs were defectively designed because they had...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases