District Judge Allyne R. Ross


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Plaintiff, a Korean-American, was denied permission to board a flight from Dallas to Corpus Christi, Texas, despite having a valid boarding pass. His lawsuit against defendant airline and its affiliates, allegedly “foreign corporations,” asserting claims under federal and New York law, alleged he was singled out due to his race. District Court dismissed suit, with prejudice. Plaintiff’s claim under Title VI of the Civil Rights Act was dismissed because he did not allege any connection between federal funding and the alleged discrimination. Further, there was no private right of action under 49 USC §40127(a), barring discrimination against air travelers due to race, color, national origin, religion, sex, or ancestry. Because plaintiff inadequately alleged defendants acted with discriminatory intent, his claim under 42 USC §1981 was also dismissed. Also, New York’s Human Rights Law did not provide a right of action to state residents discriminated against outside New York by a foreign corporation. Because New York did not allow parties to contract out of the implied covenant of good faith and fair dealing, plaintiff’s implied breach of contract claim was preempted by the Airline Deregulation Act pursuant to Am. Airlines Inc. v. Wolens, 513 U.S. 219.