March 5 (Reuters) - Southwest Airlines Co has won the
dismissal of part of a federal lawsuit by fliers who said the
discount carrier improperly stopped honoring coupons for free
alcoholic drinks, where the coupons had no expiration dates.
U.S. District Judge Matthew Kennelly in Chicago said federal
airline law preempts claims accusing Southwest of unjust
enrichment and violating state consumer fraud laws.
He did not address a breach of contract claim, after the
carrier conceded in a court filing that a "narrow construction"
of that claim could survive.
Kennelly also refused Southwest's request to delay the case
while a similar case in Alabama is pending.
Adam Levitt and Herbert Malone, the plaintiffs, had sued
over Southwest's August 2010 decision to require passengers in
its premium-priced "Business Select" program to use their free
drinks coupons only on the day of travel printed on the coupons,
not whenever they wanted. The coupons otherwise would cost $5
each.
"The court's ruling has now liberated us to aggressively
prosecute this case, which is exactly what we intend," said
Joseph Siprut, a Chicago lawyer who represents the plaintiffs.
Southwest had no immediate comment.
Levitt lives in the Chicago area and Malone in Pennsylvania.
They had attached to their complaint a respective 45 coupons and
12 coupons for free drinks, which they said they had accumulated
and which Southwest's policy change left worthless.
In announcing that change, Southwest vice president Mike
Hafner wrote on a company blog that "where the competition is
always knocking (or banging) on the door and where watching the
bottom-line is more important than ever, we owe it to our
employees, customers, and shareholders to find ways to operate
smarter."
Southwest is based in Dallas, and has long been financially
among the healthiest major U.S. carriers.
The case is Levitt et al v. Southwest Airlines Co, U.S.
District Court, Northern District of Illinois, No. 11-08176.
For Levitt: Aleksandra Vold of Siprut.
For Southwest: H. Thomas Wells Jr of Maynard, Cooper & Gale.
(Reporting by Jonathan Stempel)
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