Baroana
Posts: 1480
Joined: 11/13/2011
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From the New Jersey Law Journal:
09-2-9011 Lutz v. Continental Airlines, Inc., App. Div. (per curiam) (5 pp.) In their complaint, plaintiffs alleged they purchased eighty ticket vouchers from one of defendant Continental Airline’s Inc.'s employees. They paid the employee $47,320 for the vouchers and were given a "Continental pin number" to use when they wanted to activate them. Plaintiffs stated they used ten of the vouchers successfully. However, defendant informed them that the airline was not honoring the remaining vouchers because they were not part of any ticket program authorized by it. The employee who sold plaintiffs the vouchers subsequently pled guilty to wire fraud. In count one of their complaint, plaintiffs alleged defendant breached the Consumer Fraud Act (CFA) because its employee sold them fraudulent vouchers. In count two, they alleged defendant breached a duty owed to them "to ensure their employees are carefully scrutinized regarding issuing fraudulent vouchers to the public." In count three, plaintiffs sought damages for the intentional infliction of emotional distress. Defendant filed a motion to dismiss, arguing plaintiffs' CFA claim was preempted by the Airline Deregulation Act of 1978, and the remaining counts of the complaint failed to state a claim. The trial court issued an order dismissing plaintiffs' complaint with prejudice. Because the court failed to provide findings of fact and conclusions of law supporting its decision, this appeal cannot be decided on the merits. The appellate panel remands for findings of fact and conclusions of law.
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Umm..... if someone from an airline offers to sell you ... - 
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