Port Of Seattle’s Reply in Support of Motion to Dismiss Plaintiffs’ Second Amended Complaint

The Port of Seattle filed this legal reply brief seeking dismissal of a lawsuit brought by five plaintiffs (Codoni, Geer, Cathcart, France, and Chakos) related to Seattle-Tacoma International Airport operations. The Port argues that the plaintiffs' claims are barred by federal preemption under the Civil Aeronautics Act, the Airline Deregulation Act, and the Federal Aviation Act, which collectively give the federal government exclusive authority over aviation and airport operations. The Port also contends that the plaintiffs lack legal standing to bring inverse condemnation claims under the 'subsequent purchaser rule.'

Notes

Port Of Seattle’s reply brief filed February 16, 2024 in Case No. 2:23-cv-00795-JNW (W.D. Wash.), before Judge Jamal N. Whitehead, in support of motion to dismiss the Second Amended Complaint filed by plaintiffs Cindy Codoni, Michelle Geer, Horace Cathcart, Amy France, and Tamara Chakos against defendants Port Of Seattle, Alaska Air Group, and Delta Air Lines, Inc. Argues preemption under the Clean Air Act (CAA) express preemption clause, Airline Deregulation Act (ADA), and Federal Aviation Act (FAAct) including field preemption; also argues plaintiffs lack standing to bring inverse condemnation claims under the subsequent purchaser rule. Prepared by Stoel Rives LLP.

V V