Today, the Supreme Court hears arguments about (1) preemption of state law tort claims under the Airline Deregulation Act and (2) standing to bring a false advertising claim under the Lanham Act:
(1) Northwest, Inc. v. Ginsberg [see our preview at http://www.law.cornell.edu/supct/cert/12-462]
- Does the Airline Deregulation Act preempt a state claim for breach of an implied covenant of good faith and fair dealing concerning a frequent flyer program?
(2) Lexmark International, Inc. v. Static Control Components, Inc. [see our preview at http://www.law.cornell.edu/supct/cert/12-873]
- What is the appropriate framework to determine standing in a false advertising action under the Lanham Act?