By Jonathan Stempel
(Reuters) -Delta Air Lines is due to face a project to appeal to passengers who said they refused to offer complete reimbursements after delaying or canceled their flights following a massive computer failure last July, a federal judge tried on Tuesday.
US District Judge Mark Cohen in Atlanta said five of the nine complainants could continue contractual complaints on the basis of Delta's non-reimbursement.
The judge authorized a group different from five applicants to pursue complaints related to delayed and canceled flights under the Montreal Convention, a multilateral treaty.
Cohen rejected the remaining complaints, including those which, according to him, were pre -empted by federal law.
The failure of July 19, 2024 came from an erroneous software update of the Crowdstrike cybersecurity company which crushed more than 8 million computers and assigned many Microsoft customers.
The disturbances decreased the next day for many American airlines, but lasted longer in Delta, which canceled around 7,000 flights.
“This decision is a major step for Delta passengers who are looking for responsibility,” said Joseph Sauder, lawyer for some of the complainants, in an email.
Neither Delta nor his lawyers immediately responded to requests for comments.
The carrier based in Atlanta had requested the rejection of all complaints, apart from a reimbursement complaint and complaints from international travelers under the Montreal Convention.
Passengers have noted Delta not to have provided automatic reimbursements after the breakdown and to provide partial reimbursements only if they have given up other legal complaints.
An applicant, John Brennan of Florida, said that he and his wife had missed a $ 10,000 anniversary cruise after Delta blocked them in an Atlanta stopover, but the carrier only offered $ 219.45 in compensation.
Another applicant, Vittorio Muzzi of the Netherlands, said that he had spent 5,000 euros ($ 5,685) and that his luggage was delayed 15 days after Delta abandoned his flight to Florida from Amsterdam, but the carrier only offered 588 euros ($ 669) in compensation.
Delta estimated that the breakdown cost $ 550 million lost in income and additional costs, while saving $ 50 million in fuel.
The case is Bajra and Al C Delta Air Lines, US District Court, Northern District of Georgia, n ° 24-03477.
(1 euro = $ 1.137)
(Report by Jonathan Stempel to New Yorkediting by Bill Berkrot)
