Government shut-down or not, the U.S. Supreme Court took the bench Monday to start its October term which includes cases about campaign contributions, housing discrimination, government-sanctioned prayer, abortion, contraceptive coverage, mobile phone privacy, and…in interest to my readers… two travel industry cases.
Here are some updates:
Air Wisconsin Airlines Corp. v. Hoeper, No. 12-315 – A defamation case involving vague and contradicting facts concerning a “soon-to-be-fired” pilot, the reports surrounding his potential security risk, and the application of the immunity provision in the Aviation and Transportation Security Act (ATSA).
Legal Issue: Whether a denial of Aviation and Transportation Security Act (ATSA)’s grant of immunity for an air carrier making a disclosure of “any suspicious transaction relevant to a possible violation of law or regulation, relating to air piracy, a threat to aircraft or passenger safety, or terrorism” without a determination that the disclosure was materially false.
- My previous blawg about this case is here: Airline’s ‘False Alarm’ Security Case Goes to U.S. Supreme Court
- Oral Argument – December 9, 2013
- Briefs supporting Air Wisconsin (in support of ATSA immunity) filed by:
- U.S. Representative John L. Mica (R-FL) (Chairman-House Transportation Committee, 2011–2013)
- Airlines For America, Regional Airline Association, and The Chamber of Commerce of the United States
- International Air Transport Association
- DRI-The Voice of the Defense Bar
- The First Amendment Coalition
- United States (by DHS, DOT, DOJ)
- Briefs supporting Hoeper filed by:
Northwest Airlines, Inc. and Delta Air Lines, Inc. v. Ginsberg, No. 12-462 – A breach of contract case involving a frequent flyer member who was unilaterally removed from Northwest’s program at its sole discretion and the potential application of the Airline Deregulation Act (ADA) to preempt such claims.
Legal Issue: Whether the Airline Deregulation Act’s provision that a State “may not enact or enforce a law, regulation, or other provision having the force or effect of law related to a price, route, or service of an air carrier” preempts Ginsberg’s claim that the Airlines terminated his top WorldPerks status constituted a violation of an implied covenant of good faith and fair dealing (arising under state common law of contract).
- My previous blawg about this case is here: Part 2: Frequent Flyer Case Going to U.S. Supreme Court
- Oral Argument – December 3, 2013
- Briefs supporting Northwest Airlines (Ginsberg’s claim is preempted by ADA) filed by:
- Briefs supporting Ginsberg filed by: