ELEVENTH CIRCUIT AFFIRMS LOWER COURT DECISION DISMISSING DEFAMATION PER SE CLAIM IN DISPUTE BETWEEN AIRLINE AND PASSENGER
September 20, 2023
On August 7, 2023, the United States Court of Appeals for the Eleventh Circuit affirmed a decision from the United States District Court for the Southern District of Florida dismissing claims for defamation per se and breach of contract against American Airlines. Clowdus v. Am. Airlines, Inc., 2023 U.S. App. LEXIS 20232. According to the complaint, the plaintiff alleged that in June 2021 he boarded an early flight from Miami to Mexico City. While taking his seat in business class, a flight attendant instructed him to stow his satchel in the overhead bin because his seat was in the bulkhead row. After initially ignoring the request from the flight attendant, the plaintiff passed his bag backwards and by the plaintiff’s own admission, “made slight contact” with the flight attendant. The plaintiff was subsequently removed from the flight, banned from future flights, and terminated from the airline’s loyalty reward program. The Eleventh Circuit affirmed the lower court’s decision holding that neither the airline nor the flight attendant had engaged in defamation per se because they had not “published” the allegedly false statements. Moreover, the Court also held that there was no breach of contract for removing the plaintiff after he made contact with the flight attendant and was removed from the loyalty program. The Court reasoned that the airline’s Conditions of Carriage and loyalty program Terms and Conditions provided latitude to remove passengers and expressly permitted the plaintiff’s termination from the loyalty program.
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