(United States Ninth Circuit) - In a putative course action alleging claims against an airline defendant for refunds passengers paid as baggage fees,the district court's Fed. R. Civ. P. 12(b)(6) dismissal, based on preemption by the Airline Deregulation Act, and is reversed where: 1) plaintiff passenger pleaded breach of contract; and 2) plaintiff sufficiently alleged that the airline promised under the terms of transportation to deliver her bag when she landed.
Source: findlaw.com