Second Circuit Denies Defendant Airlines’ Interlocutory Appeal on Class Certification
November 3, 2015 (New York, NY) – The U.S. Court of Appeals for the Second Circuit today sided with plaintiffs in declining to hear an interlocutory appeal of the order granting them certification of a class of direct purchasers of air cargo shipping services. Calling an immediate appeal “unwarranted,” the court’s order removed the final obstacle that stood between the plaintiffs and the trial of their claims.
The trial will begin in April 2016 against Air China, Air India, Air New Zealand, and U.S. air cargo carrier Polar Air Cargo and its parent, Atlas Air Worldwide Holdings [NASDAQ:AAWW]. The plaintiffs, represented by Hausfeld (with other lead counsel), are seeking billions in damages from the airlines’ illegal price-fixing of air cargo shipping services. The District Court has observed that “plaintiffs have submitted a trove of direct and circumstantial evidence that strongly suggests the existence of an agreement among the defendants to fix prices,” amounting to “compelling common evidence of a global conspiracy.”
If the plaintiffs prevail at trial, they will be entitled to trebled damages under the Sherman Act. Many of the original airline defendants have settled with the plaintiffs for a total of more than $1 billion across twenty-seven settlements.
“We are pleased to have passed this milestone in seeking compensation for the victims of this massive price-fixing conspiracy,” said Hausfeld Partner Brent Landau, who played a lead role in the briefing and argument of class certification. “We look forward to bringing the remaining cartelists to trial to obtain the compensation the class members deserve under the antitrust laws.”
Hausfeld attorneys working on this case are Michael Hausfeld, Brent Landau, Hilary Scherrer, and Melinda Coolidge. The case is In re Air Cargo Shipping Services Antitrust Litigation, Case No. 06-MD-1175 (JG) (VVP) (E.D.N.Y.).