Appeals Court Throws Out $400,000 Damage Award to Man Who Sued for Being Removed From Flight
BOSTON (AP) -- A federal appeals court overturned a $400,000 jury award to a Portuguese-born passenger who sued American Airlines Inc., claiming he was removed from a flight because of racial discrimination.
The U.S. Court of Appeals in Boston vacated an award to John Cerqueira, 40, and criticized U.S. District Judge William G. Young for not dismissing the complaint.
"No properly instructed jury could return a verdict against the air carrier," Circuit Judge Sandra Lynch wrote in the decision issued Thursday.
Under the Air Transportation Security Act, the three-judge panel ruled, carriers are permitted to turn away passengers who might be "inimical to safety." Because the crew must decide such matters quickly, it said, "even mistaken decisions are protected so long as they are not arbitrary or capricious."
http://biz.yahoo.com/ap/080111/airline_verdict.html?.v=1
BOSTON (AP) -- A federal appeals court overturned a $400,000 jury award to a Portuguese-born passenger who sued American Airlines Inc., claiming he was removed from a flight because of racial discrimination.
The U.S. Court of Appeals in Boston vacated an award to John Cerqueira, 40, and criticized U.S. District Judge William G. Young for not dismissing the complaint.
"No properly instructed jury could return a verdict against the air carrier," Circuit Judge Sandra Lynch wrote in the decision issued Thursday.
Under the Air Transportation Security Act, the three-judge panel ruled, carriers are permitted to turn away passengers who might be "inimical to safety." Because the crew must decide such matters quickly, it said, "even mistaken decisions are protected so long as they are not arbitrary or capricious."
http://biz.yahoo.com/ap/080111/airline_verdict.html?.v=1