Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
2013 Term
Oral Argument Date
December 03, 2013
Questions Presented
Whether the court of appeals erred in holding, in contrast with the decisions of other circuits, that respondent’s implied covenant of good faith and fair dealing was not preempted under the Airline Deregulation Act because such claims are categorically unrelated to a price, route, or service, notwithstanding that respondent’s claim arises out of a frequent-flyer program (the precise context of American Airlines, Inc. v. Wolens ) and manifestly enlarged the terms of the parties’ undertakings, which allowed termination in Northwest’s sole discretion.
Case Updates
Supreme Court reverses Ninth Circuit's ADA decision
April 02, 2014
The Supreme Court unanimously reversed the Ninth Circuit's decision and held that the ADA pre-empts a state-law claim for breach of the implied covenant of good faith and fair dealing if it seeks to enlarge the contractual obligations that the parties voluntarily adopt.
U.S. Chamber urges Supreme Court to reverse Ninth Circuit’s decision, which creates an end run around a well established preemption scheme in the airline sector
August 01, 2013
In its brief, the U.S. Chamber urged the Supreme Court to reverse the Ninth Circuit's decision, arguing that the decision creates an end run around preemption that threatens to undermine the efficient operation of the national economy. The Ninth Circuit's ruling allows states to do through claims for breach of implied-by-law covenants what they cannot do through regulation. The Ninth Circuit's opinion has allowed a private plaintiff to enforce state policies that would enlarge or enhance an airline's self-imposed contractual obligations. The Chamber argued that those claims are contrary to Congress's determination in the Airline Deregulation Act that the airline industry functions best when its prices, routes, and services are governed solely by uniform national laws. The Chamber warned that if the decision is not reversed, the decision below would subject airlines to a panoply of claims based on state judges' and juries' views of whether the airlines had acted with sufficient “good faith” and “fair dealing.”
Case Documents
- Cert. Petition -- Northwest v. Ginsberg (U.S. Supreme Court).pdf
- Airlines for America and ATA Amicus Brief -- Northwest v. Ginsberg (U.S. Supreme Court).pdf
- Brief in Opposition -- Northwest v. Ginsberg (U.S. Supreme Court).pdf
- Reply Brief of Petitioners -- Northwest v. Ginsberg (U.S. Supreme Court).pdf
- Brief of Petitioners on Merits -- Northwest v. Ginsberg (U.S. Supreme Court).pdf
- United States Amicus Brief Northwestv Ginsberg U S Supreme Court
- Airlines for America and ATA Amicus Brief on Merits -- Northwest v. Ginsberg (U.S. Supreme Court).pdf
- IATA Amicus Brief -- Northwest v. Ginsberg (U.S. Supreme Court).pdf
- Cargo Airline Association Amicus Brief -- Northwest v. Ginsberg (U.S. Supreme Court).pdf
- U.S Chamber amicus brief on the merits -- Northwest v. Ginsberg (U.S. Supreme Court).pdf
- Brief for Repondent on the Merits -- Northwest v. Ginsberg (U.S. Supreme Court).pdf
- Burton Amicus Brief -- Northwest v. Ginsberg (U.S. Supreme Court).pdf
- States Amicus Brief -- Northwest v. Ginsberg (U.S. Supreme Court).pdf
- Reply Brief for Petitioners on Merits -- Northwest v. Ginsberg (U.S. Supreme Court).pdf
- Jobs with Justice and NELP Amicus Brief -- Northwest v. Ginsberg (U.S. Supreme Court).pdf
- Opinion -- Northwest v. Ginsberg (U.S. Supreme Court).pdf