Case 2:22-cv-05590-JCZ-KWR Document 1 Filed 12/30/22 Page 1 of 11
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`IN THE UNITED STATES DISTRICT COURT FOR THE FOR THE EASTERN
`DISTRICT OF LOUISIANA
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`CASE NO.
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`SECTION:
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`JURY TRIAL DEMANDED
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`ERIC F. CAPDEVILLE,
`on behalf of himself and all
`others similarly situated
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`Plaintiff,
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`v.
`SOUTHWEST AIRLINES CO.,
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`Defendant.
`___________________________________/
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`CLASS ACTION COMPLAINT
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`Plaintiff, ERIC F. CAPDEVILLE (“Capdeville” or “Plaintiff”), on behalf of himself and
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`all others similarly situated, by and through undersigned counsel, files this Class Action Complaint
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`against Southwest Airlines Co (“Southwest” or “Defendant”), and alleges the following:
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`INTRODUCTION
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`1.
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`Southwest Airlines Company (“Southwest”) became the nation’s largest domestic
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`air carrier in 2003 and maintains that ranking based on the U.S. Department of Transportation’s
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`most recent reporting of domestic originating passengers boarded.
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`2.
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`In its 49th year of service, Dallas-based Southwest serviced over 130 million
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`passengers annually.
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`3.
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`In peak travel seasons, Southwest operates more than 4,000 weekday departures
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`among a network of 102 destinations in the United States and 10 additional countries.
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`4.
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`Southwest does not sell airline tickets on any third-party global distribution
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`platform, requiring all customers to purchase directly from Southwest whether it be through its
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`website or by calling a Southwest booking line to make a reservation.
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`System Failures Impacts on Southwest’s Operations
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`5.
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`Beginning Friday, December 23, 2022, Southwest Airlines began cancelling flights
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`nationwide blaming the failure on a weather-driven issue. Subsequently, Southwest continued to
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`cancel flights blaming weather through Wednesday, December 28, 2022 resulting in more than
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`14,500 flights cancelled since the prior Friday. Wednesday, December 28, 2022 alone Southwest
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`cancelled 2500 flights. Southwest CEO Bob Jordan confirmed the airline needed to upgrade its
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`legacy systems. The Department of Transportation also confirmed that the cancellations came
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`about as a result of Southwest’s decision and actions.
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`6.
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`Southwest’s response to the internally created crisis was to suggest customers could
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`submit receipts for flight cancellations from December 24, 2022 through January 2, 2023 for
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`consideration reimbursement.
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`7.
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`Southwest’s Contract of Carriage mandates refunds in this situation as well as full
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`compensation for incurred costs and resultant cancellations for the failure of the carriage
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`contract.
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`8.
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`Southwest’s failure to provide prompt refunds for canceled flights violates
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`not only its own Contract of Carriage, but also federal law.
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`2
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`PARTIES, JURISDICTION, AND VENUE
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`9.
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`ERIC F. CAPDEVILLE is a Louisiana citizen who resides in Marrero, Louisiana,
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`Parish of Jefferson.
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`10. Defendant is a Texas for-profit corporation having its principal place of business in
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`Dallas, Texas.
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`11.
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`This Court has subject matter jurisdiction pursuant to the Class Action Fairness Act
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`of 2005 (“CAFA”), 28 U.S.C. § 1332(d). The amount in controversy exceeds the sum of
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`$5,000,000 exclusive of interest and costs, there are more than 100 putative class members, and
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`minimal diversity exists because many putative class members are citizens of a different state than
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`Defendant.
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`12.
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`Venue is proper in this Court pursuant to 28 U.S.C. §1391, because this is the
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`judicial district in which a substantial part of the events giving rise to the claims asserted herein
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`occurred.
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`GENERAL ALLEGATIONS
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`13. On or about October 10, 2022, Plaintiff purchased two tickets for travel Tuesday,
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`December 27, 2022 from New Orleans, Louisiana (MSY) to Portland, Oregan (PDX) for himself
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`and his daughter, which included a connecting flight to Pheonix, Arizona (PHX) (the “Trip”)
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`through Southwest Airlines.
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`14.
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`Prior to departing Plaintiff checked saw the news that thousands of flights had been
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`cancelled by Southwest Airlines. Upon checking, he confirmed that his Southwest flight had been
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`cancelled and hos reservations and stay in Portland would be lost without reimbursement.
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`15. After speaking to customer service Capdeville confirmed that in fact Plaintiff’s
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`flights had been canceled.
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`16. Despite the fact that Plaintiff could not take the flight he booked, and Defendant
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`could not offer any comparable accommodations on another flight, Plaintiff was not given a
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`refund, but was only offered a credit for use on a future flight.
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`17.
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`Every Southwest passenger air travel ticket incorporates by reference (including in
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`some cases by hyperlink) and is governed by Southwest’s Contract of Carriage. Southwest drafted
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`the Contract of Carriage.
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`18.
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`Section 9 of the Contract of Carriage governs in a situation where the Carrier
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`cancels a flight, as was the case for Plaintiff and other Class members. Specifically, with respect
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`to Service Interruptions, the Contract of Carriage states:
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`a. Failure to Operate as Scheduled
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`(1) Canceled Flights or Irregular Operations. In the event Carrier cancels or fails to operate
`any flight according to Carrier’s published schedule, or changes the schedule of any flight,
`Carrier will, at the request of a Passenger with a confirmed Ticket on such flight, take one
`of the following actions:
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`(i) Transport the Passenger at no additional charge on Carrier’s next flight(s) on
`which space is available to the Passenger’s intended destination, in accordance with
`Carrier’s established reaccommodation practices; or
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`(ii) Refund the unused portion of the Passenger’s fare in accordance with Section
`4c.
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`19.
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`Section 4(c)(4) specifies that the refused for the “unused transportation” must be
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`“in accordance with the form of payment utilized for the Ticket.”
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`20.
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`Further, under Southwest’s Customer Service Commitment and 14 C.F.R. § 259.5,
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`which are both incorporated into the Contract of Carriage, Southwest reiterates that “in the event
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`a flight is delayed, canceled, or diverted” by Southwest, the airline will provide one of two options
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`to customers: (1) rebooking on the next available Southwest flight(s) with seats available to the
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`customer’s ticketed destination, or (2) a “refund of the unused portion of your Southwest ticket.”
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`21. Both Section 9 of the Contract of Carriage and paragraph 12 of the Customer
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`Service Commitment clearly provide for either rebooking or a refund in the event that Southwest
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`cancels a flight. Neither provision provides for any “credit” for use on a future Southwest flight.
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`22.
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`Paragraph 5 of the Customer Service Commitment further provides that refunds are
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`to be issued within seven business days from the date of a refund request for tickets purchased
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`with a credit card, and within 20 days of a refund request for tickets purchased with cash.
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`23.
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`Plaintiff was not given the choice of being transported on the next available flight
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`at no additional charge. His flight was canceled and there were no alternative Southwest flights to
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`accommodate him from the Trip’s origin to his destination. He had not used any portion of the
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`ticket for his Trip. Thus, pursuant to the terms of the Contract of Carriage, Plaintiff is entitled to a
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`refund of the fare for the entire Trip in U.S. Dollars to his original form of payment.
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`CLASS ACTION ALLEGATIONS
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`24.
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`Pursuant to Fed. R. Civ. P. 23(a), (b)(1), (b)(2) and (b)(3), as applicable, Plaintiff
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`seeks certification of the following nationwide class (the “Class”):
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`All persons in the United States who purchased tickets for travel on a Southwest Airlines
`flight scheduled to operate from December 24, 2022 through the date of a class certification
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`5
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`order, whose flight(s) were canceled by Southwest, and who were not provided a refund
`and reimbursed for incurred expenses as a result of the cancellation.
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`25.
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`Excluded from the Class are Defendant, any entity in which Defendant has a
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`controlling interest, and Defendant’s officers, directors, legal representatives, successors,
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`subsidiaries, and assigns. Also excluded from the Class are any judicial officer presiding over this
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`matter, members of their immediate family, and members of their judicial staff, and any Judge
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`sitting in the presiding court system who may hear an appeal of any judgment entered.
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`26.
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`Plaintiff reserves the right to amend or modify the Class definition with greater
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`specificity or division after having had an opportunity to conduct discovery.
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`27.
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`The Class meets the criteria for certification under Rule 23(a), (b)(1), (b)(2), (b)(3)
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`and (c)(4).
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`28. Risk of Inconsistent or Varying Adjudications. Fed. R. Civ. P. 23(b)(1). As the
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`proposed class members include thousands of persons across all 50 states, there is significant risk
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`of inconsistent or varying adjudications with respect to individual class members that would
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`establish incompatible standards of conduct for the Defendant. For example, declaratory relief may
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`be entered in multiple cases, but the ordered relief may vary, causing the Defendant to have to
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`choose the court order with which it will comply.
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`29. Numerosity. Fed. R. Civ. P. 23(a)(1). Consistent with Rule 23(a)(1), the members
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`of the Class are so numerous and geographically dispersed that the joinder of all members is
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`impractical. While the exact number of class members is unknown to Plaintiff at this time, it is
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`believed that the Class is comprised of tens of thousands if not hundreds of thousands of members
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`geographically dispersed throughout the United States. Affected consumer’s names and addresses
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`are available from Southwest’s records, and class members may be notified of the pendency of
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`this action by recognized, court-approved notice dissemination methods, which may include
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`electronic mail, U.S. Mail, internet notice, and/or published notice.
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`30.
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`Predominance of Common Issues. Fed. R. Civ. P. 23(a)(2) and (b)(3).
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`Consistent with Rule 23(a)(2) and with 23(b)(3)’s predominance requirement, this action involves
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`common questions of law and fact that predominate over any questions affecting individual class
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`members. The common questions include:
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`a. Whether Defendant’s conduct breaches its Contract of Carriage;
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`b. Whether Defendant is required to give a refund and reimburse all related expenses as a
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`result of the cancellations, rather than credit on a future flight when it cancels a flight and
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`cannot reaccommodate the passengers within a reasonable time of the original flight
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`schedule;
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`c. Whether Plaintiff and members of the Class are entitled to damages, costs, or attorneys’
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`fees from Defendant; and
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`d. Whether Plaintiff and members of the Class are entitled to compensatory damages.
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`31. Typicality. Fed. R. Civ. P. 23(a)(3). Plaintiff’s claims are typical of other Class
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`members’ claims because Plaintiff and Class members were subjected to the same unlawful
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`conduct and damaged in the same way. Defendant’s conduct that gave rise to the claims of Plaintiff
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`and other Class members (i.e., canceling flights without giving refunds in breach of the Contract
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`of Carriage) is the same for all Class members.
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`32. Adequacy. Fed. R. Civ. P. 23(a)(4). Consistent with Rule 23(a)(4), Plaintiff is an
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`adequate representative of the Class because Plaintiff is a member of the Class and is committed
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`to pursuing this matter against Defendant to obtain relief for the Class. Plaintiff has no conflicts of
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`interest with the Class. Plaintiff’s counsel are competent and experienced in litigating class actions,
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`including extensive experience in litigating consumer claims. Plaintiff intends to vigorously
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`prosecute this case and will fairly and adequately protect the interests of the Class.
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`33.
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`Superiority. Fed. R. Civ. P. 23(b)(3). Consistent with Rule 23(b)(3), a class action
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`is superior to any other available means for the fair and efficient adjudication of this controversy,
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`and no unusual difficulties are likely to be encountered in the management of this class action. The
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`purpose of the class action mechanism is to permit litigation against wrongdoers even when
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`damages to individual plaintiffs and class members may not be sufficient to justify individual
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`litigation. Here, the damages suffered by Plaintiff and the Class members are relatively small
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`compared to the burden and expense required to individually litigate their claims against
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`Defendant, and thus, individual litigation to redress Defendant’s wrongful conduct would be
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`impracticable. Individual litigation by each Class member would also strain the court system.
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`Moreover, individual litigation creates the potential for inconsistent or contradictory judgments
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`and increases the delay and expense to all parties and the court system. By contrast, the class action
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`device presents far fewer management difficulties and provides the benefits of a single
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`adjudication, economies of scale, and comprehensive supervision by a single court.
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`34. Declaratory Relief. Class certification is also appropriate under Rule 23(b)(2) and
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`(c). Defendant, through its uniform conduct, acted or refused to act on grounds generally applicable
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`to the Class as a whole, making injunctive and declaratory relief appropriate to the Class as a
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`8
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`whole. Moreover, Defendant continues to offer credits instead of refunds to Plaintiff and Class
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`members for flights that they cancel, thus making declaratory relief a live issue and appropriate to
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`the Class as a whole.
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`COUNT I - BREACH OF CONTRACT
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`35.
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`Plaintiff realleges and reincorporates its allegations in paragraphs 1 through 34
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`above as if fully set forth herein.
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`36.
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`This claim for breach of contract damages or, in the alternative, specific
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`performance of the contract’s refund terms, is based on Defendant’s breaches of its Contract of
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`Carriage, including its Customer Service Commitment (the “Contract”).
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`37.
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`Plaintiff, along with all putative class members, entered into a Contract with
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`Defendant for provision of air travel in exchange for payment. This Contract was drafted by
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`Defendant.
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`38.
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`Plaintiff, and all putative class members performed under the Contract, specifically,
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`by tendering payment for the airline tickets to Defendant and complied with all conditions
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`precedent under the Contract.
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`39. Due to Defendant’s cancellation of their flights, Plaintiff, and all putative class
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`members cannot use their airline tickets through no fault of their own and they are not getting the
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`benefit of their bargain with Defendant.
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`40. Under the terms of the Contract of Carriage drafted by Defendant, Plaintiff and
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`putative class members are entitled to refunds because Southwest canceled their flights and did
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`not rebook the customers on another flight. By failing to provide refunds, Southwest has breached
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`its Contract of Carriage.
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`41.
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`Southwest has further breached its Contract of Carriage by failing to provide
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`refunds within seven days for canceled tickets purchased with credit cards.
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`42. As a result of Defendant’s breaches of contract, Plaintiff and the putative class
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`members have incurred damages in an amount to be proven at trial.
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`COUNT II - REDHIBITION
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`43.
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`Plaintiff realleges and reincorporates its allegations in paragraphs 1 through 42
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`above as if fully set forth herein.
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`44.
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`This claim for Redhibition under Louisiana Civil Code Article 2520, et seq. is also
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`based on Defendant’s breaches of its Contract of Carriage.
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`45.
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`Under the law of Redhibition, Southwest is liable for return of the price of the ticket
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`when it was paid plus interest from the time paid, the reimbursement of reasonable expenses
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`occasioned by the sale and also for damages and attorney fees.
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`REQUEST FOR RELIEF
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`WHEREFORE, Plaintiff, individually and on behalf of all putative Class members,
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`respectfully requests that the Court enter judgment in their favor and against Defendant as follows:
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`1. For an Order determining at the earliest possible time that this matter may proceed as a
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`class action under Rule 23 and certifying this case as such;
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`3. For himself and each Class member their actual compensatory damages, or in the
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`alternative, for specific performance of the refund provisions of the Contract of Carriage;
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`4. For reasonable attorneys’ fees and costs of suit;
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`5. For pre-judgment interest and interest pursuant to redhibition; and
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`6. Such further and other relief the Court deems reasonable and just.
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`JURY DEMAND
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`Plaintiff, on behalf of himself and the Class of all others similarly situated, hereby demands
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`a trial by jury on all issues so triable pursuant to Rule 38 of the Federal Rules of Civil Procedure.
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`Dated: December 30, 2022
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`Respectfully Submitted:
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`JIM S. HALL & ASSOCIATES, LLC.
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`__/s/ Matthew B. Moreland________
`JIM S. HALL (Bar No.: 21644)
`Jodi@jimshall.com
`MATTHEW B. MORELAND (#24567)
`Mmoreland@jimshall.com
`800 N. Causeway Blvd., Suite #100
`Metairie, Louisiana 70001
`Telephone: 504-832-3000
`Facsimile: 504-832-1799
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`Counsel for Plaintiff and the Proposed
`Class
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`11
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