MDL Panel Grants Motion to Consolidate and Transfer Delta / Air Tran Baggage Fee Antitrust Cases

Washington, D.C., October 6, 2009 - The Judicial Panel on Multidistrict Litigation ("MDL Panel") granted a motion filed by Kotchen & Low LLP to consolidate and transfer 11 separate class action lawsuits filed against Delta Air Lines and AirTran Airways before Judge Timothy Batten in Atlanta, Georgia.

After Kotchen & Low LLP filed its original complaint on behalf of a putative class of airline passengers, 11 copycat lawsuits were filed in Georgia, Florida, and Nevada. Kotchen & Low LLP moved to consolidate the cases before Judge Batten in Atlanta, where its first-filed case was already pending. Defendants opposed the motion, asking the MDL Panel to deny the motion or defer ruling to allow district courts to rule on transfer motions filed pursuant to 28 U.S.C. § 1404(a). Several plaintiffs also opposed the motion, seeking transfer to Florida or Nevada.

The MDL Panel granted the transfer motion, holding that consolidation and transfer of the cases to Georgia "will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation."