Class Action
Sep. 21, 2023
Most of Southwest class action over refunds is dismissed
Matthew D. Pearson of Baker & Hostetler LLP emphasized in the demurrer that Congress’ intended to preempt lawsuits such as this when it passed the Airline Deregulation Act almost 50 years ago and said the breach of contract claim was added to keep the lawsuit in court.
A Santa Clara County judge dismissed most of a proposed consumer class action against Southwest Airlines Co. on Wednesday, ruling that federal law preempted claims that the company’s refund and reservation change policy violates California law.
In sustaining the demurrer, Superior Court Judge Theodore C. Zayner agreed with Southwest’s attorney, Matthew D. Pearson of Baker & Hostetler LLP, that the Airline Deregulation Act of 1978 extin...
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