In Gleason v. United Airlines, Inc., a passenger brought seven state common law causes of action to recover for alleged permanent physical and emotional injuries suffered during a domestic flight as the result of a severe peanut allergy attack. Plaintiff had notified the flight's crew members of her alleged allergy, but they refused to make an announcement asking passengers not to consume peanuts and peanut-related products during the flight. A fellow passenger subsequently consumed peanuts, causing the plaintiff to suffer an allergy attack which necessitated an unscheduled emergency landing and emergency medical care in an intensive care unit.
The court held that the express preemption provision of the Airline Deregulation Act (ADA) applied because the plaintiff's claims were based on United's services (or lack thereof) – i.e., United's refusal to make the requested announcement. As a result, the plaintiff's claims were preempted, and the court granted United's motion for summary judgment. Gleason v. United Airlines, Inc., 2015 U.S. Dist. LEXIS 66161 (E.D. Cal. May 20, 2015).
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