Morgan, Akins & Jackson’s Philadelphia Office Obtains Dismissal in Aviation Facemask Case 
BY Morgan, Akins & Jackson
| January 23, 2024
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Morgan, Akins & Jackson’s Philadelphia Office Obtains Dismissal in Aviation Facemask Case 

Nate Bohlander, a Partner in the Philadelphia office of Morgan, Akins & Jackson, PLLC, along with Roy Goldberg, a Partner in the Washington, D.C. office of Stinson, LLP, recently obtained a dismissal on behalf of one of their airline clients in a facemask discrimination case initially filed in the Superior Court of New Jersey, Hunterdon County.  In the Complaint, the Plaintiff set forth three causes of action, based upon violation of the N.J. Law Against Discrimination, as well as breach of contract and intentional infliction of emotional distress.  Attorneys Bohlander and Goldberg removed the matter to the U.S. District Court for the District of New Jersey based upon diversity jurisdiction, and then filed a Motion to Dismiss, arguing, in pertinent part, that Plaintiff’s claims were preempted by the Airline Deregulation Act.  The Court agreed with this position, granted the Motion, dismissed Plaintiff’s claims, and closed the matter.

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