In the case of Alitalia-Linee Aeree Italiane, S.P.A. v. Lisi et al., 1967, the U.S Supreme Court ruled that federal law preempts state law in matters related to international air travel ticket prices. The dispute arose when passengers sued Alitalia for deceptive practices under New York State Law after they were charged more than what was printed on their tickets due to an increase in exchange rates between Italy and the United States. However, Alitalia argued that it had complied with regulations set by the Civil Aeronautics Board (CAB), a federal agency responsible for overseeing airline services including fare changes due to fluctuating currency values. The court held that since CAB had approved these charges as part of its regulatory authority over international fares, any attempt by states to regulate such matters would interfere with federal policy and thus be preempted by Federal Aviation Act of 1958 which granted exclusive jurisdiction over airline rates and routes to CAB.

In the dissenting opinion for Alitalia-Linee Aeree Italiane, S.P.A. v. Lisi et al., Justice Fortas argued that the majority's decision to apply international law over state law was incorrect and inconsistent with previous court rulings. He contended that there was no conflict between New York's wrongful death statute and any treaty or federal law, hence it should have been applied in this case involving an airplane crash on international waters. The justice also expressed concern about the implications of denying recovery under a state statute when no alternative remedy existed at either federal or international level, which he believed would leave victims without recourse for their losses. Furthermore, he disagreed with the majority’s interpretation of relevant treaties as preemptive of state laws in such cases.