DiFIORE v. AMERICAN AIRLINES, INC.

SJC-10313

454 Mass. 486 (2009)

DON DiFIORE & others v. AMERICAN AIRLINES, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

August 4, 2009.


Attorney(s) appearing for the Case

Shannon Liss-Riordan (Hillary Schwab with her) for the plaintiffs.

Amy Cashore Mariani (Michael A. Fitzhugh with her) for the defendant.

The following submitted briefs for amici curiae:

David J. Kerman, Matthew A. Porter, & Douglas J. Hoffman for Air Transport Association of America, Inc.

John Pagliaro, Martin J. Newhouse, & Jo Ann Shotwell Kaplan for New England Legal Foundation & another.

Catherine K. Ruckelshaus, of New York, Philip J. Gordon, & Audrey R. Richardson for Massachusetts Employment Lawyers Association & others.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.


GANTS, J.

In the fall of 2005, the defendant, American Airlines, Inc. (American), imposed, at selected airports, a charge of two dollars per bag to its customers who chose to check their luggage at curbside rather than at a ticket counter. The charge did not include any gratuity to the workers who physically handled the curbside baggage check-in, namely, the "skycaps." Before the imposition of this two dollar per bag charge, there had been no cost to American's customers...

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