Litigation team secures class action lawsuit dismissal for Southwest Airlines
United States | Press release - Business | November 23, 2022
Norton Rose Fulbright helped valued client Southwest Airlines win a complete dismissal of a RICO class action lawsuit alleging that Southwest and Boeing conspired to hide safety defects in the Boeing 737 Max 8 aircraft.
Filed in Sherman in 2019, the lawsuit accused Southwest Airlines and Boeing of fraud by allegedly concealing safety defects in the Boeing MAX 8 and thereby misleading the Federal Aviation Administration, the press, and the public. From the outset, Southwest and the Norton Rose Fulbright team vigorously contested the lawsuit on the grounds that both the underlying claims and the class allegations were meritless.
On November 21, 2022, a three-judge panel of the United States Court of Appeals for the Fifth Circuit unanimously reversed a prior class certification ruling from Judge Amos Mazzant of the Eastern District of Texas. Judge Mazzant’s ruling had certified four classes consisting of approximately 200 million airline passengers that plaintiffs claimed were overcharged for their airfare as a result of alleged risks from flying with on Southwest or American Airlines, both of which operated MAX 8 aircraft.
The Fifth Circuit’s published decision held that the plaintiffs lacked Article III standing to sue Southwest and Boeing because they could not show that they suffered any economic or physical injury.
Southwest Airlines Chief Legal Officer Mark Shaw told The Texas Lawbook that he was thankful for the result and proud of the in-house and outside legal teams that accomplished it.
“We went through a selection process for outside counsel at the start, and Norton Rose Fulbright had a good analysis and strategy to defend Southwest and we are glad we chose them,” Shaw said.
Norton Rose Fulbright’s team was led by Michael Swartzendruber and included Jason Fagelman, James Leito, Jackie Baker (Dallas), appellate lawyers Jonathan Franklin. Peter Siegal (Washington, DC) and Geraldine Young (Houston).
Filed in Sherman in 2019, the lawsuit accused Southwest Airlines and Boeing of fraud by allegedly concealing safety defects in the Boeing MAX 8 and thereby misleading the Federal Aviation Administration, the press, and the public. From the outset, Southwest and the Norton Rose Fulbright team vigorously contested the lawsuit on the grounds that both the underlying claims and the class allegations were meritless.
On November 21, 2022, a three-judge panel of the United States Court of Appeals for the Fifth Circuit unanimously reversed a prior class certification ruling from Judge Amos Mazzant of the Eastern District of Texas. Judge Mazzant’s ruling had certified four classes consisting of approximately 200 million airline passengers that plaintiffs claimed were overcharged for their airfare as a result of alleged risks from flying with on Southwest or American Airlines, both of which operated MAX 8 aircraft.
The Fifth Circuit’s published decision held that the plaintiffs lacked Article III standing to sue Southwest and Boeing because they could not show that they suffered any economic or physical injury.
Southwest Airlines Chief Legal Officer Mark Shaw told The Texas Lawbook that he was thankful for the result and proud of the in-house and outside legal teams that accomplished it.
“We went through a selection process for outside counsel at the start, and Norton Rose Fulbright had a good analysis and strategy to defend Southwest and we are glad we chose them,” Shaw said.
Norton Rose Fulbright’s team was led by Michael Swartzendruber and included Jason Fagelman, James Leito, Jackie Baker (Dallas), appellate lawyers Jonathan Franklin. Peter Siegal (Washington, DC) and Geraldine Young (Houston).
