Federal Express Corp. v. United States Postal Service
United States District Court for the Western District of Tennessee
55 F. Supp. 2d 813 (1999)
- Written by Angela Patrick, JD
Facts
Federal Express Corporation (FedEx) (defendant) published advertisements making negative statements about the level of service provided by the United States Postal Service (post office) (plaintiff) and implying that FedEx provided better service. In a lawsuit between the two entities, the post office filed a claim against FedEx, arguing that FedEx’s advertisements had contained false statements about the post office’s service in violation of state consumer-protection laws. FedEx moved to dismiss the claim, contending that the post office’s state consumer-protection claim was preempted by the Airline Deregulation Act (ADA). The post office argued that even if the act preempted consumer-protection claims relating to FedEx’s own services, the act did not preempt claims relating to the post office’s services. Thus, the post office argued, because its claim was entirely about the falsity of FedEx’s statements regarding the post office’s services, the claim was not preempted.
Rule of Law
Issue
Holding and Reasoning (Donald, J.)
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