Northwest, Inc. v. Ginsberg

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-462	9th Cir.	Dec 3, 2013 Tr.Aud.	Apr 2, 2014	9-0	Alito	OT 2013

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

Opinion analysis: Justices hold “good faith and fair dealing” claim about frequent-flyer program preempted (Ronald Mann)
Argument analysis: Justices mull theories of contracts to resolve airline preemption dispute (Ronald Mann)
Argument preview: Dusting off contracts treatises to resolve preemption dispute? (Ronald Mann)
Court to rule on government prayer (Lyle Denniston)

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

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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
On Tuesday, the justices released their opinions in New Prime Inc. v. Oliveira and Stokeling v. United States.
On Monday, the justices heard oral argument in Thacker v. Tennessee Valley Authority and Rimini Street Inc. v. Oracle USA Inc.
On Tuesday, the justices heard oral argument in Home Depot U.S.A. Inc. v. Jackson and Azar v. Allina Health Services.
On Wednesday, the justices heard oral argument in Knick v. Township of Scott and Tennessee Wine & Spirits Retailers Association v. Blair.
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6	7 Orders MERCK SHARP & DOHME CORP. V. ALBRECHT (17-290) OBDUSKEY V. MCCARTHY & HOLTHUS LLP (17-1307)	8 HERRERA V. WYOMING (17-532) FOURTH ESTATE PUBLIC BENEFIT CORP. V. WALL-STREET.COM, LLC (17-571) Opinions	9 FRANCHISE TAX BOARD OF CALIFORNIA V. HYATT (17-1299)	10	11 Conference	12
13	14 Orders THACKER V. TENNESSEE VALLEY AUTHORITY (17-1201) RIMINI STREET INC. V. ORACLE USA INC. (17-1625)	15 HOME DEPOT U.S.A. INC. V. JACKSON (17-1471) AZAR V. ALLINA HEALTH SERVICES (17-1484) Opinions	16 KNICK V. TOWNSHIP OF SCOTT, PENNSYLVANIA (17-647) TENNESSEE WINE AND SPIRITS RETAILERS ASSOCIATION V. BLAIR (18-96)	17	18 Conference	19
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Cases argued	43
Cases decided	9
Summary reversals	2
Merits cases granted to date	73

Northwest, Inc. v. Ginsberg

SCOTUSblog Coverage

Featured Posts

Challengers urge justices to dismiss census case after district court ruling – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

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