Supreme Court Report

Supreme Court of the United States · Official docket →

Air Transport Association of America, Inc., dba Airlines for America v. The Washington Department of Labor & Industries, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-35937 · judgment July 29, 2021

Certiorari denied · June 30, 2022
Pre-decision estimate: 24% cert probability (95% interval 17%–34%)

Before the decision, about 5.9× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Ninth Circuit decision below, and a circuit split argued in the petition.

Question presented

The Airline Deregulation Act (“ADA”) expressly preempts any state law “related to a price, route, or service of an air carrier.” 49 U.S.C. § 41713(b)(1). The question presented is whether that provision preempts neutral state laws only where those laws “bind” an airline to a “particular” price, route, or service (as the Ninth Circuit holds), or whether it preempts any state law that has a “significant impact” on carrier prices, routes, or services, even if that impact “is only indirect,” Morales v. Trans World Airlines, Inc., 504 U.S. 374, 386, 390 (1992) (quotations omitted), as this Court and several courts of appeals have held.

Counsel of record

For petitioner
Anton Metlitsky
O'Melveny & Myers, LLP

For respondent
Kathleen Phair Barnard
Barnard Iglitzin & Lavitt LLP

Case

Conference history
Distributed for 3 conferences

Proceedings

  1. Jun 30 2022
    Petition DENIED.
  2. Jun 29 2022
    DISTRIBUTED for Conference of 6/29/2022.
  3. Jun 07 2022
    DISTRIBUTED for Conference of 6/23/2022.
  4. Jun 07 2022
    Supplemental brief of petitioner Air Transport Association of America, Inc. d/b/a Airlines for America filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  5. Feb 22 2022
    Rescheduled.
  6. Feb 16 2022
    DISTRIBUTED for Conference of 3/4/2022.
  7. Feb 15 2022
    Reply of petitioner Air Transport Association of America, Inc. d/b/a Airlines for America filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  8. Jan 28 2022
    Brief of respondents Washington Department of Labor & Industries, et al. in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  9. Nov 19 2021
    Motion to extend the time to file a response is granted and the time is extended to and including January 28, 2022, for all respondents.
  10. Nov 19 2021
    Waiver of right of respondent Association of Flight Attendants - Communication Workers of America AFL-CIO to respond filed.
    Main Document
  11. Nov 18 2021
    Motion to extend the time to file a response from November 29, 2021 to January 28, 2022, submitted to The Clerk.
    Main Document
  12. Oct 27 2021
    Petition for a writ of certiorari filed. (Response due November 29, 2021)
    PetitionAppendixCertificate of Word CountProof of Service