Three days after U.S. District Judge Kathryn Kimball Mizelle of the Middle District of Florida struck down the Biden administration’s federal public transit mask mandate, the U.S. Department of Justice plans to appeal the decision at the request of the U.S. Centers for Disease Control and Prevention.

But that hasn’t stopped threats of lawsuits from airline passengers unprepared for midflight announcements and subsequent celebratory unmasking by some fellow travelers at 30,000 feet. With some medical providers now encouraging immunocompromised passengers traveling amid those flights to consider lawsuits, attorneys fielding related inquiries are weighing which arguments might fly, and which might crash land in court.

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