Legal Opinion · Concurring in part, dissenting in part

Airline Service Providers Ass'n v. Los Angeles World Airports

Court of Appeals for the Ninth Circuit

Decided October 16, 2017No. 15-55571, 15-55572Published

1Concurring in part, dissenting in partTallman, Circuit Judge

I agree with the majority that the ASPA has standing to assert its claims. But that is where the majority and I part ways. Even as is, the Complaint states a plausible claim that the City enacted section 25 as a regulatory measure rather than a proprietary one. At this stage, we must-say that this overly broad and facially suspect regulation of labor relations at Los Angeles International Airport (“LAX”)— issued, by the City’s airport commission ostensibly to promote labor peace—contravenes the delicate congressional balancing of national labor relations policy affecting key facilities of…

2Cases cited19 opinions

  1. Livadas v. BradshawSupreme Court of the United States · 1994
  2. Garner v. Teamsters, Chauffeurs & Helpers Local Union No. 776Supreme Court of the United States · 1954
  3. Building & Construction Trades Council of the Metropolitan District v. Associated Builders & Contractors of Massachusetts/Rhode Island, Inc.Supreme Court of the United States · 1993
  4. Wisconsin Department of Industry, Labor & Human Relations v. Gould Inc.Supreme Court of the United States · 1986
  5. Chamber of Commerce of the United States v. Robert B. Reich, Secretary, United States Department of LaborCourt of Appeals for the D.C. Circuit · 1996

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