In a class action challenging an airline's collection of a tourism tax for the Mexican government from which plaintiffs were exempt, summary judgment for defendants is affirmed where defendant did not make any contractual commitment to advise passengers about the Mexico tourism tax, not to collect it from exempt passengers, or to refund that portion of the price attributable to the tax.
Argued and Submitted May 5, 2009
Filed January 5, 2010
Opinion by Judge Rymer
Dissent by Judge Kleinfeld