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Airline Service Providers Association, et al. v. Los Angeles World Airports, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-55571, 15-55572 · judgment October 16, 2017
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a dissent in the court below (flagged in the petition), and counsel who has filed here before.
Question presented
This Court has long held that federal labor law preempts state and local regulation of labormanagement relations. In addition, the Airline Deregulation Act expressly preempts state and local regulations that “relate to” airline prices, routes, and services. Both types of preemption are subject to a narrow exception that applies when a state or local government does not use its sovereign power to “regulate,” but instead acts as a “market participant” by purchasing goods or services in the marketplace. Because contractual terms negotiated in market purchases are not “regulations,” they are typically immune from federal preemption. In the present case, the Ninth Circuit radically expanded the market participant exception. The court held that the City of Los Angeles could enact a licensing rule that bars companies from providing services to airlines at Los Angeles International Airport (LAX) unless they enter a “labor peace” agreement with any union that demands one. This rule plainly regulates labor-management relations and “relates to” airline services, but has nothing to do with any service purchased by the City. The Ninth Circuit nevertheless upheld the rule under the market participant exception solely because the City owns and operates LAX. The question presented is: Does the “market participant” exception allow a state or local government to impose an otherwisepreempted rule on private companies even if the government is not procuring any good or service from them?
Counsel of record
For petitioner
Shay Dvoretzky
Skadden, Arps, Slate, Meagher & Flom LLP
For respondent
Scott P. Lewis
Anderson & Kreiger LLP
Proceedings
- Jun 24 2019Petition DENIED.
- Jun 04 2019DISTRIBUTED for Conference of 6/20/2019.
- Jun 04 2019Supplemental brief of petitioners Airline Service Providers Association, et al. filed. (Distributed)
- Jun 03 2019Supplemental brief of respondents Los Angeles World Airports, et al. filed. (Distributed)
- May 21 2019Brief amicus curiae of United States filed.
- Jun 04 2018The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- May 15 2018DISTRIBUTED for Conference of 5/31/2018.
- May 11 2018Reply of petitioners Airline Service Providers Association, et al. filed.
- Apr 25 2018Brief of respondents Los Angeles World Airports, et al. in opposition filed.
- Mar 26 2018Brief amicus curiae of International Air Transport Association filed.
- Mar 26 2018Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
- Mar 26 2018Brief amicus curiae of American Trucking Associations, Inc. filed.
- Mar 26 2018Brief amicus curiae of Chamber of Commerce of the United States of America, et al. filed.
- Mar 20 2018Motion to extend the time to file a response is granted and the time is extended to and including April 25, 2018.
- Mar 16 2018Motion to extend the time to file a response from March 26, 2018 to April 25, 2018, submitted to The Clerk.
- Feb 26 2018Blanket Consent filed by Petitioners, Airline Service Providers Association, et al..
- Feb 15 2018Petition for a writ of certiorari filed. (Response due March 26, 2018)
- Jan 05 2018Application (17A711) granted by Justice Kennedy extending the time to file until February 15, 2018.
- Jan 03 2017Application (17A711) to extend the time to file a petition for a writ of certiorari from January 14, 2018 to February 15, 2018, submitted to Justice Kennedy.