Mauseth

MEMORANDUM **

Appellants Marc Mauseth and Mary Hoffmann, dba Mariah Designs (“Mauseth”), appeal the order of the district court granting partial summary judgment to Appellee American Airlines (“American”). Mauseth traveled from Tucson to Cleveland as a ticketless passenger in 1999. His checked baggage included leather jackets valued at $43,000 that Mauseth was transporting to an art show. When Mauseth arrived at the Tucson airport, he checked his luggage at curbside check-in and was handed a ticket jacket by *811 American’s agent. Although the ticket jacket contained written notice of American’s $1250 liability limitation for lost or damaged baggage, the agent stapled the ticket jacket shut. Mauseth’s valuable baggage was lost in transit and Mauseth sued for damages, contending that American’s $1250 liability limitation was not enforceable against him because he had not received reasonable notice of the limitation. The district court granted partial summary judgment to American, ruling that the limitation applied, and Mauseth appealed. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

We review de novo the district court’s grant of summary judgment and consider…