Perspective
Apr. 17, 2014
Preemption ruling could affect certain class actions
The U.S. high court unanimously held that the Airline Deregulation Act can preempt even common law claims of breach of the implied covenant of good faith and fair dealing. By Richard H. Rahm and Danielle A. Fuschetti
Earlier this month, the U.S. Supreme Court unanimously held that the Airline Deregulation Act (ADA) can preempt even common law claims of breach of the implied covenant of good faith and fair dealing if such claims relate to airline prices, routes or services. Northwest Inc. v. Ginsberg, 2014 DJDAR 4215 (Apr. 2, 2014). Moreover, because the trucking deregulation statute, known as the Federal Aviation Authority A...
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