Supreme Court Report

Supreme Court of the United States · Official docket →

Julio del Rio, et al. v. CrowdStrike, Incorporated, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 25-50518 · judgment May 20, 2026


7%
estimated cert probability
(petition-stage, structural)
95% interval 5%–10%
Rule 10: circuit split argued
At the Nov 6 conference: granted 0.10% · GVR 0.07% · relisted 6.0% · denied 94%
Granted ever, conference-stage estimate: 2.1%

About 1.7× the 4.1% base rate. The model weights this up for a Fifth Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before, and down for a petition filed soon after the judgment below.

Question presented

The Airline Deregulation Act of 1978 is an economic deregulation statute intended to promote reliance on competitive market forces in the airline industry. To prevent the States from interfering with federal deregulation and ensure uniformity, the Act preempts state laws and regulations “related to a price, route, or service of an air carrier that may provide air transportation under this subpart.” 49 U.S.C. § 41713(b)(1). Respondents CrowdStrike, Inc. and its parent company CrowdStrike Holdings, Inc. (together, “CrowdStrike”) developed defective commercial cybersecurity software that caused a massive information technology system outage in July 2024 (the “CrowdStrike Outage” or “Outage”). Petitioners brought state-law tort and product liability claims against CrowdStrike for injuries and damages they suffered as a result of the CrowdStrike Outage’s massive disruption of all businesses employing its software and, specific to this case, global air travel. The District Court and Court of Appeals below held the ADA preempted Petitioners’ claims against CrowdStrike. The question presented is: Whether the Airline Deregulation Act’s preemption of claims “related to a . . . service of an air carrier” extends to claims arising from an independent third-party software vendor’s development of defective software when the thirdparty vendor does not transport passengers, does not provide services to passengers, and has no commercial relationship with airline passengers.

Counsel of record

For petitioner
Ben Barnow
Barnow and Associates, P.C.

For respondent
Samantha Lee Chaifetz
DLA Piper LLP

Case

Subject area
Federalism (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 14 2026
    DISTRIBUTED for Conference of 11/6/2026.
  2. Oct 10 2026
    Waiver of right of respondent CrowdStrike, Inc., et al. to respond filed.
  3. Sep 14 2026
    Petition for a writ of certiorari filed. (Response due October 16, 2026)