Whether the Airline Deregulation Act preempts state-law tort claims alleging intentional fraud by an air carrier

QUESTION(S) PRESENTED To foster economic competition among airlines, Congress in the Airline Deregulation Act of 1978 prohibits States from enacting or enforcing any law related to “a price, route, or service” of an air carrier. But when an air carrier’s employee intentionally commits fraud, even inventing a fake recipient/signor to cover up the air carrier’s failed delivery of petitioner’s package, is it liable under state law for its fraud using the rationale of the Second, Third, Fourth, Ninth and Tenth Circuits or are such claims preempted by the ADA as decided by the First, Fifth and Sixth Circuits? 1. Should this Court resolve the continuing conflict among the Circuits whether the ADA preempts state-law tort claims which allege intentional, unreasonable and unnecessary behavior by an air carrier in providing its service? 2. Did the Panel mishandle the summary judgment record by refusing to view the reasonable inferences drawn therefrom in the light most favorable to petitioner, the nonmoving party, when assessing its state-law contract claim that the air carrier never presented it with its terms of service until after the contract was formed?