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Lynn Robinson, et al. v. American Airlines, Inc., et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 17-6166, 17-6167 · judgment August 2, 2018


Certiorari denied · January 7, 2019
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Since the enactment of the Airline Deregulation Act of 1978, there has been confusion and uncertainty among the courts as to what the answer is to the question presented. There is confusion and uncertainty because the Supreme Court has never answered this question directly and clearly. Provided a court seeks to ascertain and effectuate the intent of the parties, may the court use and apply a State’s common-law contract laws, rules and principles (for example, the doctrine of unconscionability, the rule against forfeitures, and the rule of approximating terms) to interpret and construct an airlines’ adhesion contract with consumers, just like they do every other day in contract dispute cases?

Counsel of record

For petitioner
Jeffrey Allen Martin
Jeff Martin & Associates, P.C.

For respondent
Mark Robertson
O'Melveny & Myers LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 07 2019
    Petition DENIED.
  2. Dec 19 2018
    DISTRIBUTED for Conference of 1/4/2019.
  3. Dec 12 2018
    Waiver of right of respondents American Airlines, Inc., et al. to respond filed.
  4. Nov 21 2018
    Petition for a writ of certiorari filed. (Response due December 26, 2018)