Judge Michael Telesca
Plaintiffs Migdelany, DiPierro and Harvey were added to a group trip—arranged by co-plaintiff Escapes Inc.—to South America. The original group's reservations with American Airlines called for the group's return flight departure from Buenos Aires. Migdelany's, DiPierro's and Harvey's reservation called for departure from Rio De Janeiro. They attempted to return from Buenos Aires. American could not place them on the same flight as the original group. District court granted American judgment in plaintiffs' action alleging that it "abandoned" them in a foreign country by refusing to offer assistance after their mistaken arrival at the wrong airport. Escapes Inc.'s claims were dismissed because it appeared pro se despite being warned to retain counsel. In dismissing plaintiffs' contract breach claim the court found that their failure to confirm their itinerary before arriving at the airport in Buenos Aires did not constitute breach on the part of American, which complied with its contract by flying plaintiffs from Boston to Rio De Janeiro, booking seats for them on a return flight from Rio, and reimbursing them for the unused portion of their airfare. Plaintiffs' tort claims were dismissed with prejudice as preempted by the Airline Deregulation Act of 1978.
