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WHAT WE’RE WATCHING

EXPERIENCING TURBULENCE  – Not all COVID-19 litigation is created equal. For example, suing over business interruption insurance coverage denials is going OK. Suing over the loss of the “college experience” is going even better. But suing airlines over cancellations? Seems like maybe that’s not going to fly. As Amanda Bronstad reports, major airlines, both domestic and international, face more than two dozen class actions, most asserting breach-of-contract claims. But, in the past month, federal judges in California have dismissed cases against Norwegian Air Shuttle and Deutsche Lufthansa after concluding that the plaintiffs did get refunds—just not as soon as the seven days required by U.S. Department of Transportation notices in April and May. In addition, they concluded, the plaintiffs had not established that the airlines breached a contract—the sole exception to the Airline Deregulation Act’s preemption of claims related to fares, routes and services.

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