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May 20, 2013

Fasten Your Seat Belts: Rabbi’s Frequent-Flier Lawsuit To Be Heard By US Supreme Court

Rabbi Binyomin GinsbergFasten your seat belts one more time. After losing in federal district court and winning in federal appeals court, Rabbi Binyomin Ginsberg’s class action lawsuit against Northwest-Delta Airlines will now be reviewed by the US Supreme Court after Delta petitioned for a writ of certiorari and the Supreme Court granted it earlier this morning.

Rabbi Binyomin Ginsberg
Rabbi Binyomin Ginsberg

Fasten Your Seat Belts: Rabbi’s Frequent-Flier Lawsuit To Be Heard By US Supreme Court
Shmarya Rosenberg • FailedMessiah.com

Fasten your seat belts one more time.

After losing in federal district court and winning in federal appeals court, Rabbi Binyomin Ginsberg’s class action lawsuit against Northwest-Delta Airlines will now be reviewed by the US Supreme Court after Delta petitioned for a writ of certiorari and the Supreme Court granted it earlier this morning, the Courthouse News Service reported.

Ginsberg claims he was booted from the airline’s frequent flier program because he complained too much about being bumped from flights – 24 times, in fact. Ginsberg, who lectures frequently, flies about 75 times per year for his business.

Northwest-Delta claims that the Airline Deregulation Act of 1978 prevents all lawsuits regarding "price, route or service of an air carrier."

The 9th Circuit Court of Appeals earlier ruled in Ginsberg’s case that it does not.

"When Congress passed the ADA, it dismantled a federal regulatory structure that had existed since 1958. By including a preemption clause, congress intended to ensure that the states would not undo the deregulation with regulation of their own. Congress's 'manifest purpose' was to make the airline industry more efficient by unleashing the market forces of competition - it was not to immunize the airline industry from liability for common law contract claims. Congress did not intend to convert airlines into quasi-government agencies, complete with sovereign immunity,” the 9th Circuit wrote in its 2011 ruling, the Courthouse News Service reported.

Related Posts:

Frequent-Flying Rabbi’s Lawsuit Against Airline Is Cleared For Takeoff.

Haredi "Frequent Complainer" Dukes It Out With Delta Airlines.

Comments

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I hope he succeeds and I hope the US Supreme Court specifically mentions Northwest's contemptible Gordie, who will thereafter be put out of a job.

Beyond Gordie, I wish someone will sue them for habitually failing to wash their hands before they deign to hand you a glass of water with their bodily fluid encrusted hands.

I'm glad this guy got as far as he did w/his lawsuit...the airlines have VERY deep pockets and they fight lawsuits like this tooth and nail...my best wishes to this guy.

Robert Barron: The airlines have such deep pockets that most of them have had to file for bankruptcy reorganization in recent years and others have had to merge with stronger carriers. Adjusted for inflation, air fares have dropped considerably since deregulation went into effect in 1978. The big winners in any class action lawsuit are the attorneys. The average consumer may get a small discount on a future purchase while the lawyers collect millions in fees. We will soon see what the Supreme Court thinks.

Win one in this world, lose thousands in the next. Wow.

dh, there's obviously a story behind your comment. do tell.

Eli Messiah, I can't recall why, but I was under the impression you traveled a lot, presumably by jet plane. I detest flying and everything having anything to do with it from sending my little doggie to "camp" to airports with their stale air composed of dead dreams and live germs to the ppl at my destination who never seem to want me there.

I travel with ultrasonic germ killing wands that resemble similarly shaped items that also run on batteries and germ zapper necklaces around my neck, sanitized wipes and a shpritzer or vinegar and isopropyl alcohol. If next to a cougher I wear a mask, which has the added side effect of making my nose run. I stand in the TSA line like this, with my eyes furtively darting around to determine a fool proof way of getting through security with dope. Or even with a dope. I always have to go through secondary checks. Thereafter I shlepp through the airport slowly, shuffling disheveled and shifting all my accouterments, smelling like vinegar, swearing softly and waving at the cameras.

But I digress. Stewardi, or whatever they are called presently, are ALWAYS handing out things with fingers that have been in their nose, mouth, ears and through their hair. Don't consume anything via them or you will surely die.

As for Gordie in St. Paul / Minneapolis, he is a cruel meanie. I'll get you Gordie.

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