Continental Airlines wins dismissal of putative class action alleging violations of Ohio consumer protection laws relating to gift certificates

Client(s) Continental Airlines, Inc.

The Eighth District Court of Appeals affirmed dismissal for Jones Day client Continental Airlines in a putative class action. Plaintiffs alleged that Continental's gift certificates violated Ohio's gift card statute because by their terms they expired after one year. Plaintiffs alleged violations of Ohio's gift card statute, the Ohio Consumer Sales Practices Act and unjust enrichment. Affirming the trial court, the Court of Appeals held that plaintiffs' claims were preempted by the federal Airline Deregulation Act, and that the unjust enrichment claim further was precluded by the existence of a valid contract.

Restivo v. Continental Airlines, Inc., 192 Ohio App. 3d 64, 2011-Ohio-219 (Cuyahoga Cty. App.)