Standing and preemption

In Southwest Airlines Pilots Union v. The Boeing Co., a dispute related to the 737 Max, the Fifth Court held: “[W]e conclude that SWAPA has standing to assert claims on its own behalf, but at the time the suit was filed, lacked standing to assert claims on behalf of its members. Although SWAPA’s subsequently acquired assignments of member interests do not cure the jurisdictional defects in the present case, the assignments might confer standing on SWAPA to file suit in the future. Thus, while the trial court properly dismissed the suit without providing SWAPA an opportunity to amend its pleadings, the dismissal should have been without prejudice. We further conclude that the RLA does not preempt SWAPA’s state law claims.” No. 05-20-01067-CV (March 30, 2022) (mem. op.). (LPHS represented the appellant in this case.)