U.S. Department of Justice Drops Lawsuit Against Southwest Airlines Over Chronic Flight Delays
The U.S. Department of Justice has withdrawn a lawsuit against Southwest Airlines that accused the company of operating flights with chronic delays, a practice prohibited under U.S. Department of Transportation (USDOT) regulations. The decision, made last Friday, marks a significant shift in a legal action initiated during the final days of the Biden administration.
What Was Southwest Accused Of?
The lawsuit, filed in January, alleged that Southwest maintained unrealistic flight schedules. Specifically, the USDOT identified two flights operated over five months in 2022 that violated federal regulations due to repeated delays:
- One between Chicago Midway Airport and Oakland, California.
- Another between Baltimore and Cleveland.
Under USDOT rules, a flight is considered chronically delayed if it operates at least 10 times per month and arrives more than 30 minutes late on at least 50% of those occasions.
Southwest’s Response
Following the government’s decision to drop the lawsuit, Southwest publicly praised the move and argued that the flagged flights occurred during a period of extreme challenges for the industry, stemming from the COVID-19 pandemic.
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“The two flights in question took place years ago, in a context where the industry faced unprecedented challenges due to the pandemic. In many cases, the delays were due to factors beyond Southwest’s control,” the airline stated.
Southwest also defended its operational record, noting that since 2009, it has operated over 20 million flights without any other related violations.
Comparisons with Other Airlines: Frontier and JetBlue Penalized
While Southwest avoided penalties this time, other airlines were not as fortunate. In January, the USDOT imposed fines for similar practices:
- Frontier Airlines was fined $650,000 for operating several chronically delayed flights. Of that total, $325,000 must be paid immediately, with the remainder due only if the airline repeats the violation within the next three years.
- JetBlue Airways received a $2 million fine for four chronically delayed flights on domestic routes. The airline agreed to pay $1 million in cash and provide vouchers worth at least $75 to passengers affected by cancellations or delays exceeding three hours.
Compensation for the 2022 Holiday Meltdown
In December 2023, Southwest agreed to compensate passengers affected by flight delays or cancellations during the operational collapse in the 2022 holiday season. As part of the settlement with the USDOT, the airline will issue $90 million in travel vouchers, with a minimum value of $75 each, to those who experienced delays of three hours or more due to circumstances attributable to the company.
What Does This Decision Mean?
The withdrawal of the lawsuit against Southwest could be interpreted as recognition of the exceptional circumstances the aviation sector faced during the pandemic. However, regulatory scrutiny remains firm, as evidenced by recent penalties against other airlines.
For passengers, this reinforces the right to compensation when delays result from mismanagement by airlines. For the industry, it sends a clear signal that the USDOT is willing to impose penalties, though it also evaluates each case within its operational context.
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