Continental awarded summary judgment in consumer class action related to OnePass frequent flyer program

Client(s) Continental Airlines

The U.S. Court of Appeals for the Sixth Circuit affirmed a grant of summary judgment in favor of Jones Day client Continental Airlines in a putative class action. Plaintiffs alleged that certain fees and limitations on travel rewards violated the terms of Continental's frequent flyer program, seeking certification of a class based upon claims of breach of contract, unjust enrichment and conversion. The district court dismissed the unjust enrichment and conversion claims because they were preempted by the federal Airline Deregulation Act. The parties filed cross motions for summary judgment on the contract claim. The district court granted Continental's motion and denied plaintiffs' cross-motion, holding that all of the actions taken by Continental were in accordance with the applicable terms of the OnePass Program. The Sixth Circuit adopted the reasoning of the district court and affirmed the grant of summary judgment to Continental.

Simon et al. v. Continental Airlines, 2010 WL 429932 (N.D. Ohio Feb. 4, 2010), aff'd, 2011 WL 5357420 (6th Cir. Nov. 8, 2011).