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DiFIORE v. AMERICAN AIRLINES, INC.

Nos. 10-1108, 10-1167, 10-1264.

646 F.3d 81 (2011)

Don DiFIORE; Leon Bailey; Ritson Desrosiers; Marcelino Coleta; Tony Pasuy; Lawrence Allsop; Clarence Jeffreys; Floyd Woods; Andrea Connolly, and all others similarly situated, Plaintiffs, Appellees/Cross-Appellants, v. AMERICAN AIRLINES, INC., Defendant, Appellant/Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided May 20, 2011.

Attorney(s) appearing for the Case

Michael V. Powell with whom Locke Lord Bissell & Liddell LLP, Amy Cashore Mariani, Michael A. Fitzhugh, David J. Volkin and Fitzhugh & Mariani LLP were on brief for defendant, appellant/cross-appellee.

Robert S. Span and Steinbrecher & Span LLP on brief for Air Transport Association of America, Inc., Amicus Curiae.

Philip J. Gordon, President, Massachusetts Employment Lawyers Association c/o Gordon Law Group, LLP, Audrey R. Richardson, Greater Boston Legal Services, and Catherine K. Ruckelshaus, Nat'l Employment Law Project, on brief for Massachusetts Employment Lawyers Association (MELA), Greater Boston Legal Services (GBLS), and the National Employment Law Project (NELP), Amici Curiae.

Shannon Liss-Riordan with whom Hillary Schwab and Lichten & Liss-Riordan, P.C. were on brief for plaintiff, appellees/cross-appellants.

Scott L. Nelson and Allison M. Zieve, Public Citizen Litigation Group, on brief for Public Citizen, Inc., Amicus Curiae.

Before BOUDIN, LIPEZ and HOWARD, Circuit Judges.

BOUDIN, Circuit Judge.

In September 2005, American Airlines, Inc. ("American") began charging passengers a fee of $2 for each bag checked with porters who provide curbside service (called "skycaps") at Boston's Logan Airport. Arguing that passengers mistook the fee for a mandatory gratuity for the skycaps and stopped tipping, several porters brought suit against American; the present appeal is a product of that litigation. The facts and proceedings are as follows...

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