Ginsberg v. Northwest, Inc., No. 09-56986 (9th Cir. 2012)Annotate this Case
Plaintiff brought suit against an airline alleging a common law breach of contract under the implied covenant of god faith and fair dealing. The district court held that Plaintiff's claim was preempted by the Airline Deregulation Act (ADA) and dismissed the claim pursuant to Fed. R. Civ. P. 12(b)(6). The Ninth Circuit Court of Appeals reversed the district court after examining the purpose, history, and language of the ADA, along with Supreme Court and Ninth Circuit precedent, leading the Court to conclude that the ADA does not preempt a contract claim based on the doctrine of good faith and fair dealing.
This is a revision of a Previous Opinion originally issued on August 5, 2011.