S. Ginsberg v. Northwest, Inc.
Opinion
Opinion
Beezer, J.
ORDER
The opinion filed August 5, 2011, slip op. 10231, and appearing at 653 F.3d 1033 (9th Cir.2011), is hereby withdrawn. A new opinion is filed concurrently with this order.
The panel voted to deny defendantsappellees’ petition for rehearing, and recommended denying the petition for rehearing en banc.
The full court has been advised of the new opinion and defendants-appellees’ petition for rehearing en banc, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35. Defendants-appellees’ petition for panel rehearing and petition for rehearing en banc are denied.
OPINION
Plaintiff brought suit against an airline alleging a common law breach of contract under the implied covenant of good faith and fair dealing. The district court held that Plaintiffs claim was preempted by the Airline Deregulation Act (“ADA”), 49 U.S.C. § 41713 (b)(1), and dismissed the claim pursuant to Fed.R.Civ.P. 12(b)(6). We conclude that the- ADA does not preempt this common law contract claim, and reverse the district court.
When Congress passed the ADA, it dismantled a federal regulatory structure that had existed since 1958. By including a preemption clause,…