Judge rules Delta must face lawsuit over massive computer outage
U.S. District Judge Mark Cohen approved five plaintiffs to pursue breach of contract claims based on Delta's failure to refund. Nine plaintiffs attempted civil action against the company, which allegedly canceled more than 4,500 flights between July 19 and 21 last year.
The airline said it was unable to resume operations due to its reliance on CrowdStrike and Microsoft, both of which had system outages.
However, plaintiffs allege that CrowdStrike contacted Delta to offer assistance and resources 'within hours of the incident' and that CrowdStrike's CEO even personally reached out to Delta's CEO to provide onsite assistance, but Delta repeatedly either declined the offers or did not respond, according to legal filings.
One plaintiff, John Brennan of Florida, said he and his wife missed a $10,000 anniversary cruise after Delta stranded them in an Atlanta layover, yet the carrier offered just $219.45 in compensation, as reported by Reuters.
Delta filed a motion to dismiss the case under the the Airline Deregulation Act of 1978, a measure that removed government control over airline fares, routes and market entry.
Cohen ruled in favor of its dismissal under the law for four cases, but the other five will proceed forward under the Montreal Convention, an international treaty that governs airline liability, particularly in cases of passenger death, injury, or damage to baggage and cargo, according to court documents.
Delta Air Lines did not immediately respond to The Hill's request for comment.
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