Northwest, Inc. v. Ginsberg
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-462 | 9th Cir. | Dec 3, 2013 | 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, April 3, 2014)
- Argument analysis: Justices mull theories of contracts to resolve airline preemption dispute (Ronald Mann, December 5, 2013)
- Argument preview: Dusting off contracts treatises to resolve preemption dispute? (Ronald Mann, November 27, 2013)
- Court to rule on government prayer (Lyle Denniston, May 20, 2013)
| Date | Proceedings and Orders |
|---|---|
| 10/11/2012 | Petition for a writ of certiorari filed. (Response due November 14, 2012) |
| 11/08/2012 | Order extending time to file response to petition to and including December 14, 2012. |
| 11/14/2012 | Brief amici curiae of Airlines for America and American Trucking Associations, Inc. filed. |
| 12/14/2012 | Brief of respondent Rabbi S. Binyomin Ginsberg in opposition filed. |
| 12/26/2012 | DISTRIBUTED for Conference of January 11, 2013. |
| 12/26/2012 | Reply of petitioners Northwest, Inc., et al. filed. (Distributed) |
| 01/14/2013 | DISTRIBUTED for Conference of January 18, 2013. |
| 05/13/2013 | DISTRIBUTED for Conference of May 16, 2013. |
| 05/20/2013 | Petition GRANTED. |
| 06/14/2013 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 24, 2013. |
| 06/14/2013 | The time to file respondent's brief on the merits is extended to and including September 12, 2013. |
| 07/09/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| 07/24/2013 | Joint appendix filed. (Statement of costs filed.) |
| 07/24/2013 | Brief of petitioners Northwest, Inc., et al. filed. |
| 07/31/2013 | Brief amicus curiae of the United States filed. |
| 07/31/2013 | Brief amicus curiae of Airlines for America and American Trucking Associations, Inc. filed. |
| 07/31/2013 | Brief amicus curiae of International Air Transport Association filed. |
| 07/31/2013 | Brief amicus curiae of Cargo Airline Association filed. |
| 07/31/2013 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| 09/12/2013 | Brief of respondent Rabbi S. Binyomin Ginsberg filed. |
| 09/17/2013 | SET FOR ARGUMENT ON Tuesday December 3, 2013. |
| 09/17/2013 | CIRCULATED |
| 09/17/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 09/18/2013 | Record from U.S.C.A. for 9th Circuit is electronic. |
| 09/18/2013 | Record for U.S.D.C. for Southern District of California is electronic. |
| 09/19/2013 | Brief amicus curiae of Steven J. Burton, Professor of Law filed. (Distributed) |
| 09/19/2013 | Brief amici curiae of California, et al. filed. (Distributed) |
| 09/19/2013 | Brief amici curiae of Jobs With Justice, et al. filed. (Distributed) |
| 10/15/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 10/15/2013 | Reply of petitioner Northwest, Inc., et al. filed. (Distributed) |
| 12/03/2013 | 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. |
| 04/02/2014 | Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion for a unanimous Court. |
| 05/05/2014 | JUDGMENT 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.