American Airlines, Inc. v. Wolens

Summary

Justice Ginsburg's majority opinion held that the Airline Deregulation Act preempts the frequent flyer participants' Illinois Consumer Fraud Act claims but permits their breach-of-contract claims to proceed insofar as they seek enforcement of the airline's own undertakings without enlargement through external state policies. The Court affirmed in part, reversed in part, and remanded, leaving the underlying contract interpretation unresolved. Justice Stevens, concurring in part and dissenting in part without any joiners, agreed that the contract claims could proceed but would also permit the consumer-fraud claims and affirm the entire judgment. Justice O'Connor, joined by Justice Thomas except as to Part I–B, concurred in the judgment in part and dissented in part, reasoning that both sets of claims were preempted and that judicial enforcement of contracts necessarily invokes state law and policy. Justice Scalia did not participate.