Airline Wins Appeal on Passenger Removal

Hatu

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Aug 20, 2002
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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
 
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

well, it's a good thing this incident didn't occur in another country. You never know how law enforcement will react while not on US soil.

I know 2 FA's who didn't fare quite as well for having an altercation with a Brazilian passenger while in Brazil. Apparently, in Brazil, it doesn't matter what your air carrier laws are they just take the side of their citizens.