Northwest, Inc. v. Ginsberg

Docket No.
Op. Below
Argument
Dec 3, 2013
Tr.Aud.
Opinion
Vote
9-0
Author
Alito
Term

Holding: The Airline Deregulation Act preempts a state-law claim for breach of the implied covenant of good faith and fair dealing if it seeks to enlarge the contractual obligation that the parties voluntarily adopt.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Alito on April 2, 2014.

SCOTUSblog Coverage

DateProceedings and Orders
Oct 11 2012Petition for a writ of certiorari filed. (Response due November 14, 2012)
Nov 8 2012Order extending time to file response to petition to and including December 14, 2012.
Nov 14 2012Brief amici curiae of Airlines for America and American Trucking Associations, Inc. filed.
Dec 14 2012Brief of respondent Rabbi S. Binyomin Ginsberg in opposition filed.
Dec 26 2012DISTRIBUTED for Conference of January 11, 2013.
Dec 26 2012Reply of petitioners Northwest, Inc., et al. filed. (Distributed)
Jan 14 2013DISTRIBUTED for Conference of January 18, 2013.
May 13 2013DISTRIBUTED for Conference of May 16, 2013.
May 20 2013Petition GRANTED.
Jun 14 2013The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 24, 2013.
Jun 14 2013The time to file respondent's brief on the merits is extended to and including September 12, 2013.
Jul 9 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Jul 24 2013Joint appendix filed. (Statement of costs filed.)
Jul 24 2013Brief of petitioners Northwest, Inc., et al. filed.
Jul 31 2013Brief amicus curiae of the United States filed.
Jul 31 2013Brief amicus curiae of Airlines for America and American Trucking Associations, Inc. filed.
Jul 31 2013Brief amicus curiae of International Air Transport Association filed.
Jul 31 2013Brief amicus curiae of Cargo Airline Association filed.
Jul 31 2013Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Sep 12 2013Brief of respondent Rabbi S. Binyomin Ginsberg filed.
Sep 17 2013SET FOR ARGUMENT ON Tuesday December 3, 2013.
Sep 17 2013CIRCULATED
Sep 17 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 18 2013Record from U.S.C.A. for 9th Circuit is electronic.
Sep 18 2013Record for U.S.D.C. for Southern District of California is electronic.
Sep 19 2013Brief amicus curiae of Steven J. Burton, Professor of Law filed. (Distributed)
Sep 19 2013Brief amici curiae of California, et al. filed. (Distributed)
Sep 19 2013Brief amici curiae of Jobs With Justice, et al. filed. (Distributed)
Oct 15 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 15 2013Reply of petitioner Northwest, Inc., et al. filed. (Distributed)
Dec 3 2013Argued. For petitioners: Paul D. Clement, Washington, D. C.; and Lewis S. Yelin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Adina H. Rosenbaum, Washington, D. C.
Apr 2 2014Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion for a unanimous Court.
May 5 2014JUDGMENT ISSUED

Issue: 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.

CLICK HERE FOR FULL VERSION OF THIS STORY