Asiana Airlines

O’Melveny represented Asiana Airlines in what that the US Court of Appeals for the Ninth Circuit called “a matter of first impression.” The court held that the Airline Deregulation Act preempts state antitrust claims against foreign air passenger carriers. This appeal, argued by O’Melveny, affirmed the district court. The US Court of Appeals for the Second Circuit later issued an opinion reaching the same conclusion in connection with foreign air cargo carriers; O’Melveny argued the appeal on behalf of 30 airlines. The ruling extinguished hundreds of millions of dollars of potential exposure and marked the end of the case.