In 2012, Lieff Cabraser filed a class action lawsuit against British Airways over what its frequent flyers alleged was the imposition of extortionate “fuel surcharges” on individuals who wanted to redeem their British Airways frequent flyer miles for air tickets. After months of concerted investigation, Lieff Cabraser’s team tenaciously pursued a six-year course of litigation against an opponent that took the most aggressive positions on every possible issue.
Our firm won every dispute in the case — two motions to dismiss, class certification, Rule 23(f) appeal, summary judgment, Daubert motions, motions in limine, and numerous contested discovery issues.
On the verge of trial on October 26, 2018, Judge Raymond J. Dearie of the U.S. District Court for the Eastern District of New York granted final approval to a class settlement that creates a $42.5 million cash fund for the class members to share, and as an alternate also allows these frequent-flying class members to choose to receive tens of thousands of club miles instead of their share of the cash. If all class members claim the miles instead of the cash, the total settlement value will be up to $63 million. Reports indicate that class members are delighted with the resolution of the case, which puts to rest six years of hard-fought litigation.
The case is Dover v. British Airways, No. 1:12-cv-05567 (E.D.N.Y.).