SILVERMAN, Circuit Judge: These consolidated eases cause us to consider once again the circumstances under which the Airline Deregulation Act of 1978, 49 U.S.C. app. § 1305(a)(1) (“ADA”), preempts certain state law claims. Although we have addressed the scope of this statutory preemption before, we have taken these cases en banc sua sponte to rethink our previous decisions. 1 We now hold that in e…
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