Nokes v. Aspen Aviation6/17/2004
ORDER VACATED AND CASE REMANDED WITH DIRECTIONS
In this dispute concerning federal preemption of employment termination claims, plaintiff, Irvin M. Nokes, Jr. (pilot), appeals the trial court's order dismissing his action against defendants, Aspen Aviation, Inc., Aspen Base Operation, Inc., Clifford Runge, and Kim Bracher (collectively, the airline). We vacate the order and remand for further proceedings.
The airline terminated pilot for insubordination when he refused to disconnect his aircraft's batteries, and thereby disable the aircraft, after each landing. In his complaint, pilot alleged that the airline terminated him because he had expressed concerns about runway lighting to officials at Aspen/Pitkin County Airport. He sued the airline for breach of contract, wrongful termination, intentional interference with contract, and outrageous conduct, alleging that he was fired in retaliation for reporting safety violations.
The court first granted summary judgment to the airline with regard to pilot's claim for outrageous conduct. Later, when considering the airline's motion to dismiss the remaining claims, the trial court accepted as true pilot's allegation that the airline fired him because he had written to airport officials about the runway lighting. The court concluded that the Airline Deregulation Act (the Act) and the Whistleblower Protection Program, which Congress later added, preempt pilot's claims. Pilot now appeals.
If the Act preempts pilot's state common law claims, the claims must be dismissed because they fail to state claims upon which relief can be granted. C.R.C.P. 12(b)(5).
I. Airline Deregulation Act
Pilot contends that his claims of breach of contract, wrongful discharge, and intentional interference with contract do not relate to the airline's prices, routes, or services and therefore are not preempted by the Act. We agree.
A. Preemption
"An analysis of federal preemption issues begins with 'the basic assumption that Congress did not intend to displace state law.'" Middleton v. Hartman, 45 P.3d 721, 731 (Colo. 2002) (quoting Maryland v. Louisiana, 451 U.S. 725, 746, 101 S.Ct. 2114, 68 L.Ed.2d 576 (1981)).
Federal preemption of state law or regulation is "fundamentally a question of congressional intent." Banner Adver., Inc. v. City of Boulder, 868 P.2d 1077, 1080 (Colo. 1994).
Preemption occurs when federal law explicitly preempts state law. When federal law is not explicit, it may, nonetheless, implicitly preempt state law and regulation if the scheme of federal regulation is so pervasive that it is reasonable to infer that Congress left no room for the states to supplement it. Implicit preemption also occurs when the federal interest in the field touched by the statute is so dominant that courts will assume that the federal system precludes enforcement of state laws on the same subject. Banner Adver., Inc. v. City of Boulder, supra (citing Fidelity Fed. Savs. & Loan Ass'n v. De La Cuesta, 458 U.S. 141, 102 S.Ct. 3014, 73 L.Ed.2d 664 (1982); Jones v. Rath Packing Co., 430 U.S. 519, 97 S.Ct. 1305, 51 L.Ed.2d 604 (1977); Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 67 S.Ct. 1146, 91 L.Ed. 1447 (1947)).
Finally, federal law preempts state law when the two conflict. This occurs when "it is impossible for a private party to simultaneously comply with both state and federal laws." Banner Adver., Inc. v. City of Boulder, supra, 868 P.2d at 1080. It also occurs when "the state law 'stands as an obstacle to the accomplishment and execution of the full purposes and objects of Congress.'" Banner Adver., Inc. v. City of Boulder, supra, 868 P.2d at
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