Southwest Airlines Hit with Class Action Seeking Refunds for Flights Canceled Due to Lack of De-Icing Fluid [UPDATE]
Last Updated on June 17, 2020
Hughes v. Southwest Airlines, Inc.
Filed: August 3, 2018 ◆§ 1:18-cv-05315
A consumer has filed a class action against Southwest Airlines after the company canceled flights in late 2017 and early 2018 due to running out of de-icer fluid.
Case Updates
June 17, 2020 – Appeals Court Upholds Dismissal
The Seventh Circuit Court of Appeals has upheld the dismissal of the proposed class action detailed on this page, affirming the ruling of a lower court. The Seventh Circuit ruled Southwest’s cancellation of hundreds of flights in late 2017 and early 2018 after running out of de-icer fluid did not constitute a breach of contract and therefore posed no question as to the airline’s liability.
“Because Southwest fulfilled its duties under the Contract by offering [the plaintiff] a later flight or refund, the district court appropriately held that [the plaintiff] failed to state a claim for breach of contract,” the court wrote.
In a statement to Law360, counsel for Southwest expressed gratitude for the Seven Circuit’s decision to uphold the dismissal.
“Southwest strives to operate all of its flights on time; however, at times, safety concerns due to harsh weather conditions affected our ability to do so,” counsel said. “The [Seventh Circuit’s] decision reaffirms Southwest’s ability to make changes to flights consistent with the terms of our contract of carriage.”
The Seventh Circuit’s order can be found here.
Southwest Airlines, Inc. finds itself as the defendant in a proposed class action lawsuit filed in Illinois federal court. The nine-page lawsuit was filed on behalf of consumers who bought plane tickets from Southwest for flights that should’ve departed on December 8, 24, and 28, 2017; on January 12 and 18, 2018; and on February 11, 2018, but were canceled due to the airline running out of de-icer fluid.
The plaintiff claims that he was set to fly from Phoenix to Chicago on February 11, 2018, yet had his flight canceled by Southwest with no explanation. The following day, the suit says, media outlets reported 250 Southwest flights to and from Midway Airport were canceled because the airline ran out of de-icer.
“As a result of his flight cancellation, [the plaintiff] incurred additional costs and expenses as well as inconvenience,” according to the suit. “The other members of the class who had their flights cancelled similarly incurred additional costs, expenses and inconvenience.”
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