2. (§10.4) Airline Deregulation Act Preemption
The ADA of 1978 appears to preempt legislation of individual states to the extent that the legislation relates to airline rates, routes, or services. 49 U.S.C. § 41713. The United States Supreme Court first considered the scope of this preemption in Morales v. Trans World Airlines, Inc., 504 U.S. 374 (1992), in which the Court held that the fare advertising provisions of the National Association of Attorneys General guidelines were preempted by the ADA.
On the...
