Abraham Jewett  |  May 30, 2023

Category: Legal News

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An airlines passenger walking in an airport, representing an airlines lawsuit.
(Photo Credit: Prostock-studio/Shutterstock)

Airlines class action lawsuits overview: 

  • Who: Consumers recently filed class action lawsuits against Delta Air Lines, Alaska Air Group, Southwest Airlines and the Port of Seattle. 
  • Why: The complaints revolve around airport pollution and discrimination. 
  • Where: The class action lawsuits were filed in King County Superior Court and Florida federal court. 

Consumers filed a pair of class action lawsuits against airlines over airport pollution and discrimination claims. 

Earlier this month, a pair of Washington state residents filed a class action lawsuit against Delta Air Lines and Alaska Air Group, along with the Port of Seattle, over claims they ignore potential health risks for residents who live near Sea-Tac airport. 

The residents claim living near Sea-Tac airport exposes communities, particularly within a five-mile radius of the airport, to pollution caused by the “emission of dangerously high levels of pollutants,” including particulate matter and harmful gasses. 

“These pollutants settle over local communities, contaminating the air residents breathe and the soil where their children play,” the airport pollution class action states. 

The residents argue exposure to the alleged airport pollution can cause respiratory issues such as asthma, pulmonary fibrosis, chronic obstructive pulmonary disease, Alzheimer’s disease and disorders of the central nervous system. 

Southwest Airlines accused of discriminating against employees who opted out of COVID-19 vaccine

Last month, a group of Southwest Airlines employees filed a class action lawsuit against the airline over claims they were discriminated against after deciding to opt out of receiving the COVID-19 vaccine. 

The group of Southwest employees claim they were deprived of employment and income opportunities as a result of allegedly discriminatory and retaliatory COVID-19 policies.

“Plaintiffs herein allege that (Southwest Airlines) COVID-19 policies and practices were unlawful because they discriminated against them based on their sincerely held religious beliefs and/or medical/disability status,” the Southwest class action states. 

Southwest is accused of violating Title VII of the Civil Rights Act and the Americans with Disabilities Act

Department of Transportation to require airlines to compensate travelers stranded by controllable flight delays

In addition to class action lawsuits, the airline industry has recently been in the news over the blocking of a proposed merger, new rules involving cancellation compensation and a pair of settlement agreements. 

Earlier this month, the U.S. Department of Transportation (DOT) announced new rules that would require airlines to compensate travelers stranded by controllable flight delays or cancellations. 

The DOT says it enacted the rulemaking after discovering — via its newly-expanded DOT dashboard — that only a few airlines currently compensate travelers who are stranded due to a controllable flight delay or cancellation. 

“When an airline causes a flight cancellation or delay, passengers should not foot the bill,” says U.S. Transportation Secretary Pete Buttigieg, in a statement. 

The agency’s rulemaking will also attempt to more clearly define controllable flight delay or cancellations, as well as improve customer service times “during and after periods of widespread flight irregularities.” 

Judge blocks proposed JetBlue/American Airlines merger over antitrust concerns 

Also this month, a federal judge in Massachusetts blocked a proposed merger between JetBlue and American Airlines over concerns it would stifle competition and violate federal antitrust laws. 

The proposed merger, which was called the Northeast Alliance Partnership, would have seen JetBlue and American essentially operating as one airline for flights in and out of New York and Boston. 

Massachusetts, Arizona, California, Florida, Virginia, the District of Columbia and Pennsylvania joined the U.S. government, which filed a lawsuit against the airlines in an effort to block the proposed merger, in its complaint.

The judge overseeing the lawsuit determined the agreement would bring JetBlue and American Airlines together despite the two originally being direct competitors with separate business models and cost structures. 

“American and JetBlue transformed themselves from competitors to collaborators, joining forces to create a single ‘optimized network,’” the judge stated, while ruling the airlines violated the Sherman Act

Turkish Airlines settles claims it failed to refund travelers who had flights canceled during pandemic

Turkish Airlines agreed to a class action settlement this month to resolve claims the airline failed to refund travelers who had their flights canceled during the COVID-19 pandemic. 

The settlement was made to benefit a class of U.S. residents who purchased a ticket to travel on a Turkish Airlines flight that was canceled but had been scheduled to operate to or from within the United States between March 1, 2020, and Dec. 31, 2021. 

In addition, in order to be eligible, travelers must not have canceled their flight, failed to show up for the first leg of the flight prior to a cancellation of a proceeding leg or requested and received compensation in the form of a voucher, rebooking or full refund. 

Lufthansa to pay $50M to resolve claims it failed to refund travelers who had flights canceled due to COVID-19 

Also this month, Lufthansa agreed to pay as much as $50 million to resolve claims it failed to refund travelers who had their flights canceled due to COVID-19 restrictions. 

The class action settlement will benefit nationwide classes of consumers who purchased a ticket for a Lufthansa flight scheduled from Jan. 1, 2020, through Aug. 16, 2021, that was canceled. 

There will be two classes: Lufthansa customers who already received refunds for their canceled flight(s) and Lufthansa customers who never obtained a refund. 

Have you been impacted by a recent airline lawsuit or settlement? Let us know in the comments! 


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