Spirit Flyers' Bag-Fee Suit Not Preempted, 2nd Circ. Says

Law360 (September 10, 2019, 6:20 PM EDT) -- The Second Circuit on Tuesday revived a proposed class action alleging Spirit Airlines duped passengers with extra carry-on bag fees, saying federal law does not preempt the consumers' New York state law breach of contract claim.

A three-judge panel of the federal appeals court partly vacated and remanded U.S. District Judge William F. Kuntz II's November dismissal of a group of consumers' suit accusing Spirit Airlines Inc. of playing hide-and-seek with upcharges and springing "unexpected" fees on passengers for things like carry-on bags on tickets sold through other online travel agents.

The panel sent the case back to the district court...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS