Romano v. American Trans Air

In Romano v. American Trans Air (1996) 48 Cal.App.4th 1637, Division One of this district held that the ADA preempts only "economic factors 'that go into the provision of the quid pro quo for passenger's fare . . . .'" (Id. at p. 1642.) The court pointed out that almost everything an airline does is related in some way to "service." (Id. at p. 1643, fn. 6.) The court held that when the "airlines have a legitimate interest to protect (the right to advertise their rates, set their routes, determine whether to provide food service on a particular flight), the states cannot interfere. But where there is no legitimate interest needing protection--as is the case when the issue is negligence--there is no preemption." (Id. at p. 1645.)