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