SwiftAir

INTRODUCTION

SwiftAir, LLC and Southwest Airlines Co. agreed that SwiftAir would develop a software platform offering certain inflight deals to Southwest passengers and that Southwest would test the software to determine whether to license it. After Southwest ultimately decided not to license the software, SwiftAir filed this action against Southwest for breach of contract, fraud, and other causes of action. The trial court granted Southwest’s motion for summary adjudication on SwiftAir’s non-contract causes of action on the ground they were preempted by the federal Airline Deregulation Act (49 U.S.C. § 41713(b)(1)) (ADA). A jury then determined Southwest was not liable for breach of contract, finding SwiftAir failed to prove it was harmed by Southwest’s failure to comply with the parties’ agreement. On appeal SwiftAir contends the trial court erred in granting Southwest’s motion for summary adjudication because the ADA did not preempt any of its causes of action. SwiftAir also contends the court erred in denying motions for judgment notwithstanding the verdict and for a new trial in which SwiftAir argued the jury was required to award reliance damages on SwiftAir’s breach of…