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KL Wins Class Certification and Defeats Spirit Airline’s Motion for Summary Judgment

In a significant March 29, 2022, opinion, Judge Eric R. Komitee has upheld KL’s case against Spirit over its carry-on fees and certified it to proceed as a class action. Our clients’ claims are that Spirit breached the terms of its contract to fly them by charging separately for carry-on bags. Judge Komitee both denied Spirit’s motion for summary judgment – meaning, he concluded that Plaintiffs’ claims are entitled to be heard by a jury – and he certified a class consisting of first-time Spirit fliers who purchased their Spirit flight through Expedia, Travelocity, Kiwi, CheapOair, CheapTickets, and BookIt from August 31, 2011 through May 3, 2017. There could be a million or more individuals of this Class who are entitled to receive notice of this action. KL is proud, with our co-counsel, to be representing these many Spirit flyers in this consumer class action. After notice goes out, the case will move toward trial. At trial, the focus will squarely be on whether, in purchasing the right to fly on a Spirit flight on a particular day and time from point A to point B, a reasonable consumer would have understood they were agreeing that Spirit could charge separately for a carry-on. A copy of Judge Komitee’s decision can be found here.

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