UNITED STATES COURT OF APPEALS December 17, 2024

Christopher M. Wolpert FOR THE TENTH CIRCUIT Clerk of Court _________________________________ DEBORAH BRADSHAW; CHRYSTAL ANTAO,

Plaintiffs - Appellants, v. No. 23-5074 AMERICAN AIRLINES, INC.; MESA AIRLINES, INC.,

Defendants - Appellees. _________________________________

Appeal from the United States District Court for the Northern District of Oklahoma (D.C. No. 4:22-CV-00306-CVE-CDL) _________________________________ Stephen P. Gray (Gary L. Richardson, Richardson Richardson Boudreaux, Tulsa, Oklahoma, with him on the briefs) of Stephen P. Gray & Associates, Broken Arrow, Oklahoma, for Plaintiffs - Appellants. J. Craig Buchan (Timothy L. Spencer, McAfee & Taft A Professional Corporation, Tulsa, Oklahoma, with him on the brief), of McAfee & Taft A Professional Corporation, Tulsa, Oklahoma, for Defendants - Appellees. _________________________________ Before PHILLIPS, MORITZ, and EID, Circuit Judges. _________________________________ PHILLIPS, Circuit Judge. _________________________________

Deborah Bradshaw and Chrystal Antao (the Passengers), sued American Airlines and Mesa Airlines (the Airlines), claiming injuries and damages Appellate Case: 23-5074 Document: 72-1 Date Filed: 12/17/2024 Page: 2

sustained from what they have alleged was the Airlines’ negligent handling of an in-flight emergency.

The primary issue on appeal is whether and to what extent the Federal Aviation Act of 1958 (the Aviation Act), Pub. L. No. 85-726, 72 Stat. 731 (codified as amended at 49 U.S.C. §§ 40101–49105), and the aviation-safety regulations promulgated by the Federal Aviation Administration (the FAA), preempt one element of a common-law negligence claim in Oklahoma—its statutory common-carrier standard of care.

The district court concluded that these federal laws impliedly preempt state law in the field of aviation safety. Even so, under a statutory “savings clause” the court ruled that the Passengers could pursue a state negligence claim using the federal “reckless-or-careless manner” standard of care for aircraft operation. Because the Passengers failed to plead, brief, or raise a genuine issue of material fact of a violation of that federal standard, the court granted the Airlines’ motions for summary judgment. We affirm.

BACKGROUND

In June 2020, the Passengers were aboard a Mesa Airlines flight traveling from Asheville, North Carolina to Dallas, Texas. 1 While en route, the aircraft’s

1 Mesa Airlines provides regional airline services for American Airlines under a written agreement requiring that “Mesa shall provide all crews (flight and cabin) and maintenance personnel necessary to operate all flights.” Appellant App. at 159 ¶ 3. Mesa “provides its own aircrafts for operation and causes said aircrafts to be inspected, serviced, repaired, overhauled and tested (footnote continued) 2 Appellate Case: 23-5074 Document: 72-1 Date Filed: 12/17/2024 Page: 3

anti-ice and leak controller malfunctioned, which caused the aircraft’s bleed duct to close automatically—a design feature that prevents aircraft damage and activates without the flight crew’s direction. 2 The closure of the bleed duct caused a loss of cabin pressure, resulting in the automatic deployment of the aircraft’s oxygen masks and required a rapid descent in altitude.

Captain Omar Aquino piloted the Mesa flight. In respon