11th Circ. Told Not To Halt Class Cert. Appeal In Bag Fee Row

Law360, New York (May 31, 2017, 5:00 PM EDT) -- Passengers in long-running multidistrict litigation alleging Delta and AirTran Airways colluded to institute a first-checked baggage fee urged the Eleventh Circuit on Tuesday not to pause the airlines' appeal of a Georgia federal judge's certification of a class of approximately 28 million passengers, saying a stay would be unprecedented.

The passengers filed a brief with the Eleventh Circuit agreeing that all the appeals and cross-appeals arising from U.S. District Judge Timothy Batten's July 2016 class certification order and his more recent March 28 summary judgment decision in favor of Delta Air Lines Inc. and AirTran Airways Inc. should be consolidated....

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