NATIONAL FED'N OF THE BLIND v. UNITED AIRLINES

No. 11-16240.

813 F.3d 718 (2016)

NATIONAL FEDERATION OF THE BLIND, on behalf of its members and itself; Michael May; Michael Hingson; Christina Thomas, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. UNITED AIRLINES INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted and Filed January 19, 2016.


Attorney(s) appearing for the Case

Gregory P. Care (argued), and Daniel F. Goldstein , Brown Goldstein & Levy, Baltimore, MD; Kevin Knestrick and Laurence W. Paradis , Disability Rights Advocates, Berkeley, CA, for Plaintiffs-Appellants.

Jonathan E. Nuechterlein (argued), Bruce H. Rabinovitz , Eric F. Citron , and Eric Paul Winke , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C.; Richard G. Grotch , Coddington, Hicks & Danforth, Redwood City, CA, for Defendant-Appellee.

Christine N. Kohl (argued), Douglas N. Letter , Abby C. Wright and Michael S. Raab , and Tony West and Stuart F. Delery , Assistant Attorneys General, United States Department of Justice, Civil Division, Washington, D.C.; Joy K. Park , Peter J. Plocki , Deputy Assistant General Counsel for Litigation, Paul M. Geier , Assistant General Counsel for Litigation, and Kathryn B. Thomson and Roberty S. Rivkin , General Counsel, United States Department of Transportation, Office of the General Counsel, Washington, D.C., for Amicus Curiae United States.

Robert S. Span , Steinbrecher & Span LLP, Los Angeles, CA, for Amicus Curiae Air Transport Association of America, Inc.

Before: ANDREW J. KLEINFELD and MARSHA S. BERZON, Circuit Judges, and ROGER T. BENITEZ, District Judge.


Opinion by Judge BERZON; Concurrence by Judge KLEINFELD.

OPINION

This case requires us to consider once more the circumstances under which claims brought under state law are preempted by federal statutes governing air transportation. See, e.g., Gilstrap v. United Air Lines, Inc., 709...

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