IN BRIEF : Justices Order ‘Bumping’ Case to Be Reviewed
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WASHINGTON — The Supreme Court set aside a ruling Monday that would have allowed people who were “bumped” from oversold airline flights to sue.
The justices said a federal appeals court should restudy its ruling in a Montana case in light of their decision last week that federal law preempts states from regulating aspects of the airline industry.
The U.S. 9th Circuit Court of Appeals ruled that air travelers inconvenienced by overbookings can sue for compensatory damages.
William D. West of Helena, Mont., sued Northwest Airlines after being bumped from an Oct. 7, 1986, flight from Great Falls to the nation’s capital.
West had bought his non-refundable, non-changeable ticket a month earlier. Between the date of purchase and the date of the flight, Northwest decided to change the plane used from a Boeing 727 carrying 146 passengers to a DC-9 carrying 78.
West turned down an alternative flight that would have arrived six hours later at another airport serving Washington. He rejected “liquidated damages” in the form of a cash payment or other flight tickets.
He sued instead, alleging breach of good faith and fair dealing under Montana law.
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