Last week, Judge Schofield granted U.S. Airways’ motion to reinstate their claim for $70 million in damages ($210 million when trebled under antitrust laws) as part of a third amended complaint in an antitrust action over online booking fees.  Sabre, a global distribution system operator used by travel agents to book flights on multiple airlines, argued that U.S. Airways had already waived the claims in its second amended complaint in an attempt to secure a bench trial and that reinstatement was improper and would prejudice Sabre.  Judge Schofield rejected these arguments, noting that U.S. Airways’ revocation of its waiver did not change the claims at issue (only the damages) and thus amendment was still proper under Rules 15 and 16.

Continue Reading Judge Schofield Allows U.S. Airways to Restore Damages Claim in Antitrust Case Despite Previous Waiver