Question:
Samuel Shaw purchased a ticket through Delta Airlines to fly a "Delta Connection" flight on SkyWest Airlines to Elko, Nevada. He was seriously injured when the SkyWest plane crashed near Elko. SkyWest's relationship with Delta was a contractual business referral arrangement, whereby Delta benefits through its charges for issuing tickets to connecting passengers to and from smaller communities, and SkyWest benefits from revenue generated by passengers sent to it by Delta. Both firms make a profit from this arrangement. SkyWest and Delta are often mentioned together by Delta in national print advertisements. Shaw believed that regardless of how the airlines characterize themselves, these airlines are in fact partners because they share profits from their combined efforts. Delta contended that it had no control over SkyWest's airplane operations and that sharing profits as compensation for services does not create a partnership. Decide. [Shaw v. Delta Airlines, Inc., 798 F. Supp. 1453 (D. Nev.)]