Northwest, Inc. v. Ginsberg
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-462 | 9th Cir. | Dec 3, 2013 | Apr 2, 2014 | 9-0 | Alito | OT 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 Justice Alito on April 2, 2014.
SCOTUSblog Coverage
- Opinion analysis: Justices hold “good faith and fair dealing” claim about frequent-flyer program preempted (Ronald Mann, April 3, 2014)
- Argument analysis: Justices mull theories of contracts to resolve airline preemption dispute (Ronald Mann, December 5, 2013)
- Argument preview: Dusting off contracts treatises to resolve preemption dispute? (Ronald Mann, November 27, 2013)
- Court to rule on government prayer (Lyle Denniston, May 20, 2013)
| Date | Proceedings and Orders |
|---|---|
| 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 |
