Alaska Airlines, Inc., Plaintiff-Appellant-Cross-Appellee v. United Airlines, Inc., Defendant-Appellee-Cross-Appellant
Opinion
Opinion
Rymer, J.
United Airlines, Inc. (“United”) appeals the district court’s grant of attorneys’ fees and prejudgment interest to Alaska Airlines pursuant to Alaska state law. United argues that the district court erroneously applied Alaska law when the contract at issue expressly provided for the application of Illinois law to all disputes arising under the agreement. Because this case involves issues of first impression under Alaska law, we certify three questions to the Alaska Supreme Court.
I
In 1982 Alaska Airlines contracted with United for the display and sale of Alaska Airline’s flights through United’s computerized reservation system, Apollo. Under the contract, Alaska Airlines’ schedules received display priority on the reservation system, and Alaska Airlines was exempted from paying “booking fees” to United for 67 months. In return, Alaska agreed to use its contacts with travel agencies in Alaska to establish the Apollo system in that State. Alaska Airlines also agreed to buy Apollo computer hardware, and install and maintain it in Alaskan travel agencies. The contract contained a choice of law clause which read “Governing Law. Except as otherwise expressly provided herein, this…