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Northwest, Inc. v. Ginsberg

Docket No.12-462
Op. Below9th Cir.
ArgumentDec 3, 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 Samuel Alito on Apr 2, 2014.

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.

Proceedings & orders timeline

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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