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O'Jays Kicked Off Airplane
Highest Court E.D. Wisconsin
Year Ended 2004
Plaintiffs Band Member(s)
Defendants Commercial Airliner(s)
Other O'Jays
Short Description Two members of the O'Jays were boarding a flight arranged by Defendant airliner, when Walter Williams, one of the two, was accused by a flight attendant of "staring at her," which made her uncomfortable, at which point they were removed from the flight. In their complaint against the airline company, they alleged numerous state law claims, such as harassment and consumer torts, but Defendants sought to remove the case to federal court on the grounds of preemption by the Airline Deregulation Act and/or the Federal Aviation Act. While the District Court initially held their actions were not preempted, and thus Defendant's removal was inappropriate, it later decided Plaintiffs actions, even if not preempted, nevertheless stated cognizable federal claims, such as Civil Rights actions regarding discrimination, and moreover were preempted anyway. Further conferences were scheduled to determine the remainder of the litigation, - LSW

Legal Issues
Administrative Law Remedies & Procedure Airline Deregulation Act
Conflicts of Law Jurisdiction & Forum Federal Removal Jurisdiction
Consumer Protection State Statute/Common Law Wrongful Refusal of Services
General Affirmative Defenses Federal Preemption
Torts Intentional Torts Harassment


Opinions Williams v. Midwest Airlines, Inc.
321 F. Supp. 2d 993
E.D. Wisconsin , June 09, 2004 ( No. 03-C-0903 )


Williams v. Midwest Airlines, Inc.
315 F.Supp.2d 975
E.D. Wisconsin , April 26, 2004 ( No. 03-C-0903 )


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Related Searches Parties
Band Member(s) ( Plaintiff )
Commercial Airliner(s) ( Defendant )
O'Jays ( Other )

Legal Issues
Administrative Law / Remedies & Procedure / Airline Deregulation Act
Conflicts of Law / Jurisdiction & Forum / Federal Removal Jurisdiction
Consumer Protection / State Statute/Common Law / Wrongful Refusal of Services
General / Affirmative Defenses / Federal Preemption
Torts / Intentional Torts / Harassment

Courts
E.D. Wisconsin (highest court)


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