Transportation Class Action Defense

Transportation companies facing class action litigation need a defense team that can handle the complexities of large-scale litigation, as well as the unique business, regulatory, and legal issues impacting the transportation sector.  Our transportation lawyers, many of whom are recognized by Chambers and The Legal 500, are able to address the unique transportation issues involved in class action litigation.  

We have extensive experience providing class action representation to a wide range of transportation clients, including those representing the following industries:

  • Aviation
  • Automotive manufacturers
  • Motor Carriers
  • Railway companies
  • Shippers

Representative Matters

  • Successfully represented Southwest Airlines in defense of a putative class action filed by individuals in Los Angeles alleging that Southwest’s “Early Bird Check-in” (ECBI) program was deceptive or otherwise unlawful.  We precluded the plaintiff’s efforts to seek class certification and then filed summary judgment on the two remaining claims before any discovery took place, pointing out that there is no contractual obligation that was breached.  During the hearing, plaintiffs’ counsel tried to argue that Southwest failed to disclose various limitations on EBCI, but the judge rejected all these arguments.
  • Successfully filed a Rule 23(f) petition for our client BNSF Railway Company and three other large railroad defendants in an antitrust price-fixing case.  The DC Circuit vacated a class certification ruling by the trial court judge and remanded the case to permit the court to reconsider its decision in light of the US Supreme Court’s ruling in Comcast v. Behrend
  • Defend Union Pacific Railroad Company against class action claims of landowners that the railroad caused and/or exacerbated a flood in Cedar Rapids, IA by loading rail cars on its bridge.
  • Represent ABC Aerolineas (“Interjet”) in connection with collection of Mexican tourism tax from allegedly exempt passengers.  We have successfully dismissed claims by airline passenger alleging that carrier and other airlines had violated the Racketeer Influenced and Corrupt Organizations Act (RICO) in connection with airlines' charging and collection of the Mexican Tourism Tax from exempt passengers.
  • Represent a major global distribution system (GDS) in antitrust class action litigation in the US District Court for the Southern District of New York, where plaintiffs seek to certify a class consisting of airline passengers claiming that the GDS defendants conspired to raise airline ticket prices.

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