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BROWN v. UNITED AIRLINES, INC.

Nos. 12-1543, 12-2056.

720 F.3d 60 (2013)

Joseph BROWN et al., Plaintiffs, Appellants, v. UNITED AIRLINES, INC., Defendant, Appellee. Ben Mitchell et al., Plaintiffs, Appellants, v. US Airways, Inc., Defendant, Appellee.

United States Court of Appeals, First Circuit.

July 9, 2013.

Attorney(s) appearing for the Case

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

Scott L. Nelson , Adina H. Rosenbaum , and Public Citizen Litigation Group on brief for Public Citizen, Inc., amicus curiae.

Jonathan E. Nuechterlein , with whom Bruce H. Rabinovitz , Daniel T. Deacon , and Wilmer Cutler Pickering Hale and Dorr LLP were on brief, for appellee United Airlines, Inc.

Robert S. Span and Steinbrecher & Span LLP on brief for Airlines for America, amicus curiae.

Michael McGuinness , with whom Robert Siegel , O'Melveny & Myers LLP, Ellen C. Kearns , Jeffrey M. Rosin , and Constangy, Brooks & Smith LLP were on brief, for appellee U.S. Airways, Inc.

Jeffrey A. Lamken , Andrew M. Bernie , and MoloLamken LLP on brief for Airlines for America, amicus curiae.

Before HOWARD, SELYA and THOMPSON, Circuit Judges.

SELYA, Circuit Judge.

These appeals pose a question of first impression: Can the plaintiffs, skycaps affiliated with two major airlines, maintain common-law actions for unjust enrichment and tortious interference based on the airlines' imposition and retention of baggage-handling fees for curbside service? Concluding, as we do, that the plaintiffs' actions intrude into a no-fly zone demarcated by the preemption provision of the Airline Deregulation Act (ADA), 49 U...

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