Noel v. American Airlines, Airport Security
- Laura Swain
- 1:22-cv-01696
- U.S. District Court · Southern District of New York
- 2
In Noel v. American Airlines, Judge Swain dismissed the complaint for lack of standing, allowing repleading through counsel or with facts showing standing.
Vermail V. Noel’s ability to pursue claims on behalf of her husband’s estate or distributees; the complaint against American Airlines, Airport Security, and United Airlines, Airport Security was dismissed without prejudice.
What happened
In Noel v. American Airlines, Vermail V. Noel brought claims against American Airlines airport security and United Airlines airport security. The court had ordered her to show that she could bring claims for her husband’s estate or distributees, or to hire an attorney.
Noel did not file the required declaration, and no attorney appeared for her. The court therefore dismissed the complaint for lack of standing, but allowed her to replead through an attorney or to allege facts showing that she has standing.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied fee-free filing status for any appeal. The Clerk of Court was directed to enter judgment.
The detailed version
- Noel v. American Airlines, Airport Security · No. 1:22-cv-01696
- Laura Swain
- Aug. 3, 2022
Background
Vermail V. Noel sued American Airlines, Airport Security, and United Airlines, Airport Security. The complaint was filed without paying the filing fee under 28 U.S.C. § 1915(a)(1).
By an April 29, 2022 order, the court directed Noel to file a written declaration within 60 days showing that she had standing—the legal ability to bring the claims—on behalf of her husband’s estate or distributees. Alternatively, she could retain an attorney to represent her. The court warned that failing to comply would result in dismissal.
Court’s Ruling
Noel did not file the required declaration, and no attorney appeared on her behalf. The court dismissed the complaint for lack of standing. The dismissal was without prejudice to Noel’s repleading the claims through an attorney or repleading them with facts demonstrating that she has standing to assert claims on behalf of her husband’s estate or distributees.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-free filing status for purposes of an appeal. The Clerk of Court was directed to enter judgment. In Noel v. American Airlines, Judge Laura Taylor Swain issued the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.