No. 21-260

Virgin America, Inc., et al. v. Julia Bernstein, et al., Individually and on Behalf of All Others Similarly Situated

Lower Court: Ninth Circuit
Docketed: 2021-08-23
Status: Denied
Type: Paid
CVSGAmici (5)Relisted (4) Experienced Counsel
Tags: airline-deregulation-act carrier-regulations federal-aviation-administration flight-attendants ninth-circuit preemption significant-impact state-law state-laws
Key Terms:
Arbitration
Latest Conference: 2022-06-29 (distributed 4 times)
Question Presented (AI Summary)

Does the ADA preempt generally applicable state laws that have a significant impact on airline prices, routes, and services, or does it preempt such laws only if they bind an airline to a particular price, route, or service?

Question Presented (from Petition)

QUESTION PRESENTED The Airline Deregulation Act (ADA) expressly preempts state laws that are “related to a price, route, or service of an air carrier.” 49 U.S.C. § 41713(b)(1). This “deliberately expansive” language broadly preempts state laws that affect airline prices, routes, and services—even if the state law is “not specifically designed to affect” airlines, and even if its “effect is only indirect,” as long as it is not “too tenuous, remote, or peripheral.” Morales v. Trans World Airlines, Inc., 504 U.S. 374, 384-86, 390 (1992) (citations omitted). The ADA thus preempts a state law that has “a ‘significant impact” on carriers’ rates, routes, or services. Rowe v. N. H. Motor Transp. Ass’n, 552 U.S. 364, 370 (2008) (quoting Morales, 504 U.S. at 390). The Ninth Circuit rejects that standard. It holds that the ADA does not preempt generally applicable “background” rules unless they “bind|[] the carrier to a particular price, route, or service.” App. 20a (citation omitted). Applying that categorical rule here, the Ninth Circuit held that the ADA does not preempt applying California’s meal-and-rest-break laws to flight attendants. In doing so, it refused even to consider the significant impact of state-mandated breaks— which conflict with FAA regulations governing flight attendants’ responsibilities and rest breaks—on airline prices, routes, and services. The question presented is: Does the ADA preempt generally applicable state laws that have a significant impact on airline prices, routes, and services, as this Court and four circuits have held, or does it preempt such laws only if they bind an airline to a particular price, route, or service, as the Ninth Circuit has held?

Docket Entries

2022-06-30
Petition DENIED.
2022-06-29
DISTRIBUTED for Conference of 6/29/2022.
2022-06-22
Letter from respondent Julia Bernstein, et al. received.
2022-06-22
Second supplemental brief of petitioner Virgin America, Inc., and Alaska Airlines, Inc. filed.(Distributed)
2022-06-07
Supplemental brief of petitioners Virgin America, Inc., and Alaska Airlines, Inc. filed. (Distributed)
2022-06-07
DISTRIBUTED for Conference of 6/23/2022.
2022-05-24
Brief amicus curiae of United States filed.
2021-11-15
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
2021-11-08
DISTRIBUTED for Conference of 11/12/2021.
2021-10-27
Rescheduled.
2021-10-06
Reply of petitioners Virgin America, Inc., and Alaska Airlines, Inc. filed. (Distributed)
2021-10-06
DISTRIBUTED for Conference of 10/29/2021.
2021-09-22
Brief of respondents Julia Bernstein, et al. in opposition filed.
2021-09-22
Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
2021-09-22
Brief amici curiae of Airlines for America, et al. filed.
2021-09-22
Brief amici curiae of Georgia, et al. filed.
2021-09-20
Brief amicus curiae of Regional Airline Association filed.
2021-09-01
Letter of August 27, 2021 from counsel for petitioner received.
2021-08-19
Petition for a writ of certiorari filed. (Response due September 22, 2021)

Attorneys

Airlines for America and International Air Transport Association
Anton MetlitskyO'Melveny & Myers, LLP, Amicus
Anton MetlitskyO'Melveny & Myers, LLP, Amicus
Julia Bernstein, et al.
Charles Justin CooperCooper & Kirk, PLLC, Respondent
Charles Justin CooperCooper & Kirk, PLLC, Respondent
Regional Airline Association
Sarah Pierce WimberlyFordHarrison LLP, Amicus
Sarah Pierce WimberlyFordHarrison LLP, Amicus
States of Georgia, et al.
Ross Warren BergethonGeorgia Department of Law, Amicus
Ross Warren BergethonGeorgia Department of Law, Amicus
The Chamber of Commerce of the United States of America
Gregory George GarreLatham & Watkins LLP, Amicus
Gregory George GarreLatham & Watkins LLP, Amicus
United States
Elizabeth B. PrelogarSolicitor General, Amicus
Elizabeth B. PrelogarSolicitor General, Amicus
Virgin America, Inc., and Alaska Airlines, Inc.
Shay DvoretzkySkadden, Arps, Slate, Meagher & Flom LLP, Petitioner
Shay DvoretzkySkadden, Arps, Slate, Meagher & Flom LLP, Petitioner