Using the acquired skills of IRAC writing, brief the case Rombom v. United Airlines.© BrainMass Inc. brainmass.com October 10, 2019, 1:41 am ad1c9bdddf
ROMBOM V. UNITED AIRLINES
867 F. Supp. 214 (1994)
District Judge Sotomayor.
This is a case where United Air Lines filed a Motion for Summary Judgment on the basis that Rombom's (plaintiff) claim against United Air Lines is preempted by the Air Line Deregulation Act of 1978, Section 1305.
However, Judge Sotomayor did acknowledge that Section 1305 did not repeal Section 1506 of the Federal Aviation Act. Section 1506 is a "savings clause," which provides that " '[n]othing contained in this chapter shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this chapter are in addition to such remedies.' 49 U.S.C. § 1506. The extent to which § 1305 limits § 1506 is unclear." Supra.
This extensive opinion by Judge Sotomayor centered around whether United Air Lines' actions that Rombom based her claims on are "services" pursuant to Section 1305. If it was found that United Air Lines was in fact providing "services" and the injury was not excessive, than Rombom's claims would be preempted by Section 1305. However, if the actions are not considered "services," than based on Section 1506, Rombom can continue with her tort claim in court.
IRAC Tip: This is a difficult case to understand because it is a case where the judge has to make a determination whether the case should be dismissed based on plaintiff's failure to state a claim. Additionally, it is a long case to read and one can drown among Judge Sotomayor's reasoning for her Order. However, when read a second or third time, one can appreciate how Judge Sotomayor logically laid out her decision and why her order was a sound one. It eventually makes sense.
What I did so as not to drown in all the legal jargon is to read the case three times. The first time was to familiarize myself with the case. Then the second time was to highlight what I thought were essential in understanding the case. Than during my third reading, I began to cut and paste sections in the case into my word document and placed them under the IRAC categories. From there, I reviewed all the sections of the case that I placed in my IRAC draft and begin to edit what I felt were relevant. When I edited, I began writing the points in my own words as much as possible but also quoted Judge Sotomayor because I felt I couldn't do any better in expressing those important points. I am a strong believer that if one can explain concepts or lessons to another person, or in this case write it down in ones own words, then the person has grasped the concepts and understands them. So below is my attempt to IRAC this case so that I could understand this case. Keep in mind though that to IRAC is to help you understand cases and eventually you will determine what style will help you ...
This is a four page document that is an IRAC on Rombom v. United States. In order to help the student understand this complex case, background information on the case and tips on how to IRAC are provided.