Friday, August 27, 2010

Court Unseals Documents Related to Lawsuit on Behalf of Consumers Seeking Recovery of First Checked Bag Fees Paid to Delta and AirTran

On August 20, 2010, the Court overseeing In re Delta / AirTran Baggage Fee Antitrust Litigation, MDL 2089 (N.D. Ga.) unsealed a number of documents that had been produced by defendants in discovery in the lawsuit but had been designated as confidential by the defendants.

Plaintiffs requested that the Court “unseal” certain documents to ensure that the millions of proposed class members who have paid a first bag fee to either Delta or AirTran have access to additional information related to the claims in the case. The lawsuit alleges that Delta Air Lines and AirTran Airways violated the antitrust laws by conspiring to impose a first checked bag fee.

Plaintiffs seek to represent a class of plaintiffs defined as follows:
All persons or entities in the United States and its territories that directly paid Delta and/or AirTran one or more first bag fees on domestic flights from December 5, 2008 through the present (and continuing until the effects of Delta’s and AirTran’s anticompetitive conspiracy ceases).
A summary of Plaintiffs’ factual allegations is available in Plaintiffs’ Memorandum of Law in Support of Class Certification at pages 6 to 16, linked below. Other documents now available for review are identified and can be linked below, including several court filings, several internal Delta and AirTran e-mails, and internal analyses prepared by Delta regarding the first bag fee.
  1. Consolidated Amended Complaint
  2. Plaintiffs’ Opposition to Defendants’ Motions to Dismiss (redacted)
  3. Court Order Partially Denying Motion to Dismiss
  4. Plaintiffs’ Memorandum of Law in Support of Class Certification (“Class Cert Brief”)
  • Ex. 2 to Pl.’s Class Cert Brief, Delta Antitrust Compliance Manual
  • Ex. 3, May 2008 e-mail from Delta CEO R. Anderson
  • Ex. 4, Deposition Transcript Excerpts of Ed Bastian
  • Ex. 5, July 31, 2008 internal AirTran e-mail exchange
  • Ex. 6, July 31, 2008 internal AirTran e-mail exchange
  • Ex. 7, July 31, 2008 e-mail from S. Fasano to A. Burman
  • Ex. 8, May 22, 2008 e-mail from A. Burman
  • Ex. 9, Aug. 5, 2008 e-mail from S. Fasano
  • Ex. 10, Aug. 8, 2008 e-mail from R. Fornaro
  • Ex. 11, July 20, 2008 e-mail from S. Fasano
  • Ex. 12, July 18, 2008 e-mail to J. Graham-Weaver
  • Ex. 13, July 31, 2008 internal AirTran e-mail exchange
  • Ex. 14, July 31, 2008 e-mail from T. Hutcheson
  • Ex. 15, July 14, 2008 e-mail from J. Graham-Weaver
  • Ex. 16, Oct. 14, 2008 Delta “Value Proposition” powerpoint
  • Ex. 17, Oct. 16, 2008 Delta “Value Proposition” powerpoint
  • Ex. 18, Oct. 22, 2008 Delta “Value Proposition” powerpoint
  • Ex. 19, Oct. 24, 2008 Delta “Value Proposition” powerpoint
  • Ex. 20, Deposition Transcript Excerpts of E. Phillips
  • Ex. 21, Nov. 5, 2008 Delta Press Release
  • Ex. 22, July 16, 2008 Delta Earnings Call Transcript
  • Ex. 23, Oct. 2, 2008 e-mail from E. Phillips
  • Ex. 24, Nov. 6, 2008 Article re: Delta to start charging fee for checked luggage
  • Ex. 25, Nov. 11, 2008 e-mail from M. Klein
  • Ex. 26, Nov. 6, 2008 e-mail from M. Klein
  • Ex. 27, Deposition Transcript Excerpts of R. Fornaro
  • Ex. 28, Deposition Transcript Excerpts of K. Healy
5. Order Granting Motion to Lift Confidentiality Designations
 

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