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The Boeing Company v. Southwest Airline Pilots Association, on Behalf of Itself and its Members

Paid petition · Supreme Court of Texas, No. 22-0631 · judgment June 20, 2025


Certiorari denied · February 23, 2026
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

Congress enacted the Railway Labor Act (RLA), 45 U.S.C. §151 et seq., to govern “all disputes” arising out of “the interpretation or application of” collective bargaining agreements (CBAs) in the railroad and airline industries. Id. §151a. For decades, state and federal courts have recognized “where the resolution of a state-law claim depends on an interpretation of the CBA, the claim is pre-empted.” Hawaiian Airlines, Inc. v. Norris, 512 U.S. 246, 261 (1994). But here, the courts below disregarded that rule for certain statelaw claims asserted against third parties—rather than signatories—to a CBA. In doing so, these courts departed from core principles of preemption and created a sharp split with courts across the country, including the U.S. Court of Appeals for the Fifth Circuit. The Question Presented is: Whether the Railway Labor Act preempts statelaw claims against a third party that cannot be resolved without interpreting a collective bargaining agreement between an airline and its employees.

Counsel of record

For petitioner
Aaron Lloyd Nielson
KIRKLAND & ELLIS LLP

For respondent
David Steven Coale
Lynn Pinker Hurst & Schwegmann, LLP

Case

Conference history
Distributed for 2 conferences

Linked docket
25A298

Proceedings

  1. Feb 23 2026
    Petition DENIED.
  2. Feb 04 2026
    DISTRIBUTED for Conference of 2/20/2026.
  3. Jan 30 2026
    Reply of petitioner The Boeing Company filed.
  4. Jan 15 2026
    Brief of respondent Southwest Airlines Pilots Association in opposition filed.
  5. Nov 20 2025
    Motion to extend the time to file a response is granted and the time is extended to and including January 16, 2026.
  6. Nov 19 2025
    Motion to extend the time to file a response from December 4, 2025 to January 16, 2026, submitted to The Clerk.
  7. Nov 04 2025
    Response Requested. (Due December 4, 2025)
  8. Oct 29 2025
    DISTRIBUTED for Conference of 11/14/2025.
  9. Oct 23 2025
    Waiver of right of respondent Southwest Airlines Pilots Association to respond filed.
  10. Oct 20 2025
    Petition for a writ of certiorari filed. (Response due November 21, 2025)
  11. Sep 16 2025
    Application (25A298) granted by Justice Alito extending the time to file until October 20, 2025.
  12. Sep 05 2025
    Application (25A298) to extend the time to file a petition for a writ of certiorari from September 18, 2025 to October 28, 2025, submitted to Justice Alito.