No. 21-627

Air Transport Association of America, Inc., dba Airlines for America v. The Washington Department of Labor & Industries, et al.

Lower Court: Ninth Circuit
Docketed: 2021-10-29
Status: Denied
Type: Paid
Response WaivedRelisted (3) Experienced Counsel
Tags: airline-deregulation-act carrier-prices-routes-services circuit-split federal-law morales-v-trans-world-airlines preemption state-law statutory-interpretation transportation-regulation
Key Terms:
Arbitration
Latest Conference: 2022-06-29 (distributed 3 times)
Question Presented (AI Summary)

Whether the Airline Deregulation Act preempts neutral state laws that have a significant impact on carrier prices, routes, or services, even if that impact is only indirect

Question Presented (from Petition)

QUESTION PRESENTED The Airline Deregulation Act (“ADA”) expressly preempts any state law “related to a price, route, or service of an air carrier.” 49 U.S.C. § 41713(b)(1). The question presented is whether that provision preempts neutral state laws only where those laws “bind” an airline to a “particular” price, route, or service (as the Ninth Circuit holds), or whether it preempts any state law that has a “significant impact” on carrier prices, routes, or services, even if that impact “is only indirect,” Morales v. Trans World Airlines, Inc., 504 U.S. 374, 386, 390 (1992) (quotations omitted), as this Court and several courts of appeals have held.

Docket Entries

2022-06-30
Petition DENIED.
2022-06-29
DISTRIBUTED for Conference of 6/29/2022.
2022-06-07
DISTRIBUTED for Conference of 6/23/2022.
2022-06-07
Supplemental brief of petitioner Air Transport Association of America, Inc. d/b/a Airlines for America filed. (Distributed)
2022-02-22
Rescheduled.
2022-02-16
DISTRIBUTED for Conference of 3/4/2022.
2022-02-15
Reply of petitioner Air Transport Association of America, Inc. d/b/a Airlines for America filed. (Distributed)
2022-01-28
Brief of respondents Washington Department of Labor & Industries, et al. in opposition filed.
2021-11-19
Motion to extend the time to file a response is granted and the time is extended to and including January 28, 2022, for all respondents.
2021-11-19
Waiver of right of respondent Association of Flight Attendants - Communication Workers of America AFL-CIO to respond filed.
2021-11-18
Motion to extend the time to file a response from November 29, 2021 to January 28, 2022, submitted to The Clerk.
2021-10-27
Petition for a writ of certiorari filed. (Response due November 29, 2021)

Attorneys

Air Transport Association of America, Inc. d/b/a Airlines for America
Anton MetlitskyO'Melveny & Myers, LLP, Petitioner
Anton MetlitskyO'Melveny & Myers, LLP, Petitioner
Association of Flight Attendants - Communication Workers of America AFL-CIO
Kathleen Phair BarnardBarnard Iglitzin & Lavitt LLP, Respondent
Kathleen Phair BarnardBarnard Iglitzin & Lavitt LLP, Respondent
State of Washington Department of Labor & Industries and Joel Sacks, the Department’s Director
Noah Guzzo PurcellOffice of the Attorney General, Respondent
Noah Guzzo PurcellOffice of the Attorney General, Respondent