Diefenthal v. Civil Aeronautics Board

The Diefenthals (plaintiffs), denied their requested smoking-section seats on a flight despite confirming the reservation, sued Eastern Airlines (defendant) for breach of contract and tortious embarrassment, alleging in their amended complaint only that a flight attendant intentionally humiliated them and claiming $50,000 in damages without describing any physical or emotional harm or reputational damage; the district court found it a legal certainty that no award approaching the $10,000 jurisdictional minimum then required could result from the alleged facts and dismissed for lack of diversity jurisdiction.