ATLANTA — Atlanta-based Delta Air Lines agreed to pay nearly $80 million to settle a lawsuit over a jet dumping fuel above Los Angeles in 2020.
Channel 2 Action News reported in January 2020 when a Delta flight headed to Shanghai experienced engine trouble and dumped its fuel before returning to Los Angeles International Airport.
A group of LA natives and business owners entered a class-action lawsuit, represented by X-Law Group in LA, against the airline seeking damages.
After years of litigation, the airline settled the case.
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According to attorneys for the plaintiffs, Delta agreed to pay $78.75 million, split as:
- $24 million in fees to class counsel
- $2 million to reimburse class counsel
- $2.1 million in settlement administration costs
- $15,000 each for the four class plaintiffs
- $50.6 million split between class members
While a settlement was reached, Delta Air Lines did not admit to liability for the incident.
The company pointed to the portion of the settlement declaring their position on the incident, which said the plane had exceeded its maximum landing weight by about 160,000 pounds, causing engine issues.
“Because the pilots did not know the cause of the engine malfunction, they had to consider the risk that they also would lose the second engine,” Delta’s position states in court records. “Those factors, the pilots concluded, presented unacceptable risks to the safety of their passengers and crew. As a result, the pilots immediately declared an emergency with air traffic control and began their return to LAX.
“To reduce the serious risks of flying and landing an overweight airplane on just one engine, the pilots jettisoned fuel during their return.”
While Delta said it was confident a trial would prove no property damage, loss of value or lasting harm, they agreed to settle claims without admitting liability in order to avoid the uncertainty of litigation and avoid the expenses of a trial.
Other than the statement in the court record, Delta Air Lines said they had no further comment.
In a statement shared with Channel 2 Action News, Filippo Marchino, of X-Law Group, said they were pleased with the outcome.
"<i>The Class Plaintiffs are pleased that they were able to reach a fair and reasonable resolution for the Class, who are owners or residents of approximately 38,000 properties affected by the January 14, 2020 fuel jettison incident at issue. This settlement represents five years of intense and hard fought litigation, and brings very real recovery to the Class Members both in terms of monetary recovery, as well as non-monetary relief. We are especially pleased to obtain this result for residents of the southeast L.A. communities, comprised of hard-working families who asked only for respect and just treatment and rightly deserve this result.</i>"
— Statement from X-Law Group
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