NOW BOARDING: U.S. Supreme Court “Airline Cases”

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by @travelblawg 
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Government shut-down or not, the U.S. Supreme Court took the bench Monday to start its October term which includes cases about campaign contributions, housing discrimination, government-sanctioned prayer, abortion, contraceptive coverage, mobile phone privacy, and…in interest to my readers… two travel industry cases.

Here are some updates:

Air Wisconsin Airlines Corp. v. Hoeper, No. 12-315 – A defamation case involving vague and contradicting facts concerning a “soon-to-be-fired” pilot, the reports surrounding his potential security risk, and the application of the immunity provision in the Aviation and Transportation Security Act (ATSA).

Air Wisconsin informed TSA that a “to be fired” pilot was a possible threat and might be unstable.

Legal Issue: Whether a denial of Aviation and Transportation Security Act (ATSA)’s grant of immunity for an air carrier making a disclosure of “any suspicious transaction relevant to a possible violation of law or regulation, relating to air piracy, a threat to aircraft or passenger safety, or terrorism” without a determination that the disclosure was materially false.

• My previous blawg about this case is here: Airline’s ‘False Alarm’ Security Case Goes to U.S. Supreme Court
  
• Oral Argument – December 9, 2013
• Briefs supporting Air Wisconsin (in support of ATSA immunity) filed by:
  • U.S. Representative John L. Mica (R-FL) (Chairman-House Transportation Committee, 2011–2013)
  • Airlines For America, Regional Airline Association, and The Chamber of Commerce of the United States
  • International Air Transport Association
  • DRI-The Voice of the Defense Bar
  • The First Amendment Coalition
  • United States (by DHS, DOT, DOJ)
• Briefs supporting Hoeper filed by:
  • The Reporters Committee for Freedom of the Press

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Northwest Airlines, Inc. and Delta Air Lines, Inc. v. Ginsberg, No. 12-462 – A breach of contract case involving a frequent flyer member who was unilaterally removed from Northwest’s program at its sole discretion and the potential application of the Airline Deregulation Act (ADA) to preempt such claims.

Rabbi S. Binyomin Ginsberg had his “WorldPerks Premium Elite” membership terminated, possibly for complaining too much.

Legal Issue: Whether the Airline Deregulation Act’s provision that a State “may not enact or enforce a law, regulation, or other provision having the force or effect of law related to a price, route, or service of an air carrier” preempts Ginsberg’s claim that the Airlines terminated his top WorldPerks status constituted a violation of an implied covenant of good faith and fair dealing (arising under state common law of contract).

• My previous blawg about this case is here: Part 2: Frequent Flyer Case Going to U.S. Supreme Court
• Oral Argument – December 3, 2013
• Briefs supporting Northwest Airlines (Ginsberg’s claim is preempted by ADA) filed by:
  • Airlines for American and American Truckers Associations, Inc.
  • International Air Transport Association
  • The Cargo Airline Association
  • The Chamber of Commerce of the United States
  • United States (DOT, DOJ)
• Briefs supporting Ginsberg filed by:
  • Steven J. Burton, Law Professor, University of Iowa
  • States of California, Hawaii, Illinois, Indiana, Iowa, Maine, Maryland, Mississippi, Nevada, New Hampshire, New Mexico, New York, Rhode Island, Tennessee, Vermont, and Wyoming
  • Jobs with Justice and The National Employment Law Project

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