Bloom

MEMORANDUM *

Paul Bloom (“Bloom”) brought nine causes of action against Alaska Airlines (“AA”) in California Superior Court arising out of his confrontation with an AA flight attendant while he boarded a plane in Los Angeles bound for Mexico. AA removed the action to federal court on the ground that Bloom’s claims were completely preempted by the Warsaw Convention (‘Warsaw Convention” or “Convention”). 1 AA then moved for summary judgment on all the claims.

The district court held that Bloom’s claims for emotional distress were completely preempted and granted summary judgment on them. The district court rejected AA’s argument that the Convention preempted the remaining claims and, electing not to exercise jurisdiction over these claims, remanded them to state court.

The parties appeal the portions of the district court’s decision adverse to each of them. We have jurisdiction pursuant to 28 U.S.C. § 1291 and hold that the Warsaw Convention completely preempts and denies recovery for each of Bloom’s claims. We therefore affirm in part, reverse in part, and remand.

STANDARD OF REVIEW

We review grants of summary judgment de novo. Carey v. United States, 255 F.3d 1044, 1047 (9th…