All World Professional Travel Services, Inc. v. American Airlines, Inc.

ORDER DENYING DEFENDANT AMERICAN AIRLINES, INC’S MOTION TO DISMISS PURSUANT TO FED.R.CIV.P. 12(b)(6)

The Court, the Honorable Robert J. Timlin, has read and considered Defendant American Airlines, Inc. (“American”)’s motion to dismiss the complaint of All World Professional Travel Services, Inc. (“All World”) pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, the opposition filed by All World and American’s reply. Based on such consideration, the Court concludes as follows.

I.

BACKGROUND

On August 14, 2002, All World Professional Travel Services, Inc. (“All World”) filed a class action complaint against American Airlines, Inc. (“American”) alleging that American violated the Racketeering Influenced and Corrupt Organization Act, 18 U.S.C. § 1961 et seq. (“RICO”) and breached a contract with All World.

All World is a travel agency, and in the months following September 11, 2001, and continuing to the present, American, (along with a non-party co-conspirator, AMR Corporation, and a RICO enterprise, the Airline Reporting Corporation (“ARC”)), engaged in a pattern of extorting money from All World by forcing it to pay a $200 per ticket fee for processing refunds on…