Biscone v. JetBlue Airways


New York Law Journal


Justice Leonard Austin

Biscone was among passengers confined in a JetBlue aircraft for 11 hours while on the tarmac of John F. Kennedy International Airport in 2007. The confined passengers were purportedly deprived of food, water, clean air and toilet facilities. As a result of the delay, Biscone—a comedy writer working in television and film—missed a friend's film premier and "important" business meetings, sustaining "lost business opportunities." Asserting jurisdiction under the Montreal Convention, JetBlue removed Biscone's putative class action to federal district court. Remand to state court was granted in 2010. District court concluded it lacked jurisdiction because Biscone did not have standing to raise Montreal Convention claims. State court granted JetBlue dismissal—as federally preempted—of Biscone's allegations of false imprisonment, negligence, intentional infliction of emotional distress, and fraud and deceit. On appeal, the state Appellate Division—applying the three-part test in Rombom v. United Air Lines—found Biscone's intentional tort and fraud claims federally preempted by the Airline Deregulation Act and Federal Aviation Act because they related to the provision of airline services.

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