1. The ADA pre-empts a state-law claim for breach of the implied covenant of good faith and fair dealing if it seeks to enlarge the contractual obligations that the parties voluntarily adopt. Pp. 4–10.
(a) Before the ADA was enacted, air carriers’ routes, rates, and services were regulated under the Federal Aviation Act of 1958. And because that Act contained a saving provision preserving pre-existing statutory and common-law remedies, air carriers were also regulated by the States. The ADA did not repeal that saving provision, but it did include a pre-emption provision to prohibit States from “enact[ing] or enforc[ing] a law, regulation, or other provision having the force and effect of law related to [an air carrier’s] price, route, or service,” 49 U. S. C. §41713(b)(1), thus ensuring that “States would not undo federal deregulation with regulation of their own,” Morales v. Trans World Airlines, Inc., 504 U. S. 374, 378. In Morales, the Court recognized that the key phrase “related to” expresses a “broad preemptive purpose,” id., at 383, and held that the ADA pre-empted the use of state consumer protection laws to regulate airline advertising, concluding that “relat[es] to” means “ha[s] a connection with, or reference to, airline ‘rates, routes, or services,’ ” id., at 384. And in American Airlines, Inc. v. Wolens, 513 U. S. 219, the Court found that the ADA pre-empted the use of an Illinois consumer law to challenge an airline’s devaluation of frequent flyer earned miles. But it did not pre-empt breach of contract claims because “terms and conditions airlines offer and passengers accept are privately ordered obligations” not “‘a State’s “enact[ment] or enforce[ment] [of] any law, rule, regulation, standard, or other provision having the force and effect of law” within the [pre-emption provision’s] meaning.’ ” Id., at 228–229. Pp. 4–6.
Judge(s): Samuel Alito
Jurisdiction: U.S. Supreme Court
Related Categories: Conflict of Laws , Contracts
|Supreme Court Judge(s)|
|Ruth Bader Ginsburg|
|Petitioner Lawyer(s)||Petitioner Law Firm(s)|
|Paul Clement||Bancroft PLLC|
|Respondent Lawyer(s)||Respondent Law Firm(s)|
|Adina Rosenbaum||Public Citizen Litigation Group|