ms. rosenbaum, in our decision in this case, do you think we should apply the presumption against preemption of state law? >> i think you should apply the presumption against preemption of state law. >> the whole purpose of the a.d.a. was to preempt state law. i can understand applying that presumption to other statutes. the whole purpose of the a.d.a. was to deregulate airlines, was to say there will be no federal regulation, let the free market handle it and there will be no state regulation and you want us to apply a presumption against preemption is to that statue? >> i do think the presumption applies, i don't think it's necessary to any outcome in this case. in rollins, this court tells that claims are about holding airlines to the terms of their agreement are not preempted and that's what the covenant of good faith -- >> the terms in the agreement, it's another thing to say, it's an underlying premise, good faith and fair dealing will control. are you taking issue with the good faith and fair dealing standard being amorphous, being susceptible to different interpretations, different j

ms. rosenbaum? >> mr. chief justice and may it please the court. claims that the contract allowed to terminate i ginsberg may be and take away the miles he accrued in flyerce of the frequent program contract, that is allowed it for come reason or him of all the benefits of the frequent flyer contract bargains. our position is that northwest actions breached its obligations specificallytract, the contractual obligation to perform in good faith. ofause this is a question rabbict interpretation, ginsberg's claim is not -- >> what are you saying was the bad faith? what action? the action was terminating him from the program and taking away his miles. >> it can't be that. >> without having cause for doing that. was theare you saying bad cause here? assume their answer, that he was abusing the program. >> we do not think he was program.he the complaint -- >> so you're doing exactly what he's saying. saying that their judgment of abuse is not enough. we think that there are some not be he could terminated from the program for and there are allegations in

ms. rosenbaum? >> mr. chief justice and may it please the court. northwest claims that the contract allowed to terminate rabbi ginsberg may be and take away the miles he accrued in reliance of the frequent flyer program contract, that is allowed it for come reason or whim to deprive him of all the benefits of the frequent flyer program contract bargains. our position is that northwest actions breached its obligations under the contract, specifically the contractual obligation to perform in good faith. because this is a question of contract interpretation, rabbi ginsberg's claim is not -- >> what are you saying was the bad faith? what action? >> the action was terminating him from the program and taking away his miles. >> it can't be that. >> without having cause for doing that. >> what are you saying was the bad cause here? assume their answer, that he was abusing the program. >> we do not think he was abusing the program. the complaint -- >> so you're doing exactly what he's saying. you are saying that their judgment of abuse is not enough. >> we