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16-2357 - Stokes v. Southwest Airlines


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16-2357 - Stokes v. Southwest Airlines
April 13, 2017
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Memorandum Opinion and Order granting in part and denying in part 20 Motion to Dismiss filed. The defendant's motion to dismiss the plaintiff'sclaims pursuant to Rule 12(b)(6) is DENIED with respect to the plaintiff's ACAAclaims. The defendant's motion to dismiss the plaintiff's claims pursuant to the Act's preemption provision is GRANTED with respect to the plaintiff's negligence and IIED claims relating to the defendant's rendering of airline services. The defendant's motion to dismiss the plaintiff's claims pursuant to the Act's preemption provision is DENIED with respect to the plaintiff's negligence and IIED claims relating to the defendant's alleged actions unrelated to the rendering of airline services. (Ordered by Senior Judge A. Joe Fish on 4/13/2017) (rekc)