49 U.S.C. § 46108

Enforcement of certificate requirements by interested persons

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An interested person may bring a civil action in a district court of the United States against a person to enforce section 41101(a)(1) of this title. The action may be brought in the judicial district in which the defendant does business or the violation occurred.

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 1996–2025 · leading case: Casas v. Am. Airlines, Inc., 304 F.3d 517 (5th Cir. 2002).

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Casas v. Am. Airlines, Inc., 304 F.3d 517 (5th Cir. 2002). “Finally, 49 U.S.C. § 46108 permits an interested person to bring a civil action in federal district court to enforce the provision that requires air carriers to hold a certificate from the Secretary.”

Weiss v. El Al Israel Airlines, Ltd., 433 F. Supp. 2d 361 (S.D.N.Y. 2006). “The Bonano court noted that the sole exception to the lack of a private right of action in the FAA is 49 U.S.C. § 46108 , which expressly permits an "interested person” to *371 commence a civil action to enforce section 41101(a)(1), which permits air carriers to provide…”

Conservation Force v. Delta Air Lines, Inc., 190 F. Supp. 3d 606 (N.D. Tex. 2016). · cites it 2× “Another section of the statute, 49 U.S.C § 46108, allows “[a]n interested person” to “bring a civil action in a district court of the United States.”

Romano v. Am. Trans Air, 96 Cal. Daily Op. Serv. 6524 (Cal. Ct. App. 1996). “201) or a civil action to enforce certain certification requirements ( 49 U.S.C. § 46108 ), the only remedies available in such actions are civil and criminal penalties and injunctive relief, not damages ( 49 U.”

Spinner v. Verbridge, 125 F. Supp. 2d 45 (E.D.N.Y 2000). · cites it 2× “Aside from the Spinners’ failure to indicate anything in the legislative history of these sections that would suggest Congressional intent to create a private cause of action, elsewhere in the statutory scheme of the FAA, Congress demonstrated the ability to create a private…”

Ramirez v. City Wings, Inc. (D.V.I. 2021). · cites it 3× “This is seemingly fatal to a claim 6 The First Circuit noted one exception for a private right of action to enforce the provisions of the FAA: 49 U.S.C. § 46108 . See Bonano, 365 F.3d at 85 .”

Odynocki v. Delta Air Lines Inc (E.D. La. 2025). · cites it 2× “49 U.S.C. §§ 46108 , 41101(a)(1). “When Congress has established a detailed enforcement scheme, which expressly provides a private right of action for violations of specific provisions, that is a strong indication that Congress did not intend to provide private litigations with…”

Casas v. Am. Airlines, I (5th Cir. 2002). “Finally, 49 U.S.C. § 46108 permits an interested person to bring a civil action in federal district court to enforce the provision that requires air carriers to hold a certificate from the Secretary.”

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