Archive for breach of contract

Litigation Begins Over Lack of Refunds in Southwest Flight Delay Debacle

The fallout continues from Southwest Airlines’ recent failure to get travelers to their destinations over the 2022 holiday season. Wintry weather conditions stranded airline passengers on over 15,000 flights in late December.

The Dallas-based airline blamed the crisis on outmoded software for scheduling flights, as well as a dearth of personnel to work their flight routes. Unlike most other airlines, passengers cannot purchase tickets using third-party global distribution platforms. Everyone who flies with them is required to purchase their airline tickets either online or by booking directly with Southwest ticket agents.

Plaintiff Eric Capdeville of Marrero, Louisiana, through his attorney, Matthew B. Moreland, of Jim S. Hall & Associates, filed a contract lawsuit, Capdeville v Southwest Airlines Co, on Dec. 30 in New Orleans U.S. District Court for the Eastern District of Louisiana.

Plaintiff alleges breach of contract since the airline pledged to refund ticket costs and reimburse reasonable expenses like meal costs, rental cars and hotel charges for their stranded passengers.

The case is set to be heard by Judge Jay C. Zainey.

Plaintiff, who is seeking class-action status for the lawsuit, claims he and many others have yet to receive any compensation from Southwest Airlines. The petition further notes the company’s Contract of Carriage “mandates refunds … [and] full compensation for … costs and … cancellations for the failure of the carriage contract.”

In addition to the claims of breach of contract, Capdeville also included a claim for redhibition and seeks pre-judgment interest, as well as actual compensatory damages or other alternative provisions available under the airline’s Contract of Carriage.

The airline spokesperson has not yet commented on the pending litigation. Previously, Southwest stated that they intended to “do right by [their] customers,” and that “high priority efforts [were] underway” to remedy the damages their passengers suffered.

Bob Jordan, CEO of the beleaguered passenger carrier, acknowledged that Southwest’s “legacy systems” were overdue for an upgrade. According to U.S. Dept. Of Transportation Secretary Pete Buttigieg, the flight disruptions were unacceptable and arose from decisions the airline made and actions they took.

Southwest did not fully restore services until after Dec. 30. Meanwhile, other airlines had already rebounded days earlier from the storm’s setback.

Pension Claims Filed Against Newark’s Roman Catholic Archdiocese

The Roman Catholic Archdiocese manages a number of local hospitals in Newark, New Jersey through their Cathedral Healthcare System. On May 7, 2019, class claims were filed against the Archdiocese. These claims were made by former employees of several Newark hospitals. Chief among the claims is an allegation that the Archdiocese has deprived payment of over $2.7 million dollars in employee pension plans. This payment would have applied to approximately 135 employees of the hospital.

The three plaintiffs filing this complaint are Richard Salvia, Alveira Dillard, and Virginia Coleman. According to the plaintiffs, the Archdiocese was supposed to sponsor pension plans to employees of their healthcare system. These plans include the St. James Hospital of Newark Retirement Income Plan, also known as the “SJH Plan.”

The plaintiffs allege that the fund was mismanaged. Due to poor planning on the Archdiocese’s part, the SJH Plan was depleted by November of 2017.

In earlier years, SJH Plan fell under the federal Employee Retirement Income Security Act of 1974 (“ERISA”). In 1990 the Archdiocese petitioned to have ERISA requirements removed. The defendant claimed that the SJH Plan was a “Church Plan.” The IRS responded with a private-ruling letter granting the request to release the Church from ERISA requirements. However, hospital employees were not informed of this change.

In their suit, the plaintiffs allege that the fund was mismanaged. They argued that the Archdiocese was aware that the SJH Plan did not have enough money in it to pay for pensions over the lifetimes of the class members.

Named plaintiffs seek to represent a class that includes all employees of the Archdiocese who participated in or were beneficiaries of the SJH Plan but have not received monthly pension payments. The suit’s official claims include breach of contract, breach of fiduciary duty, and promissory estoppel.

The Archdioceses reported $565 million in total assets, $263 million in net assets, and $51 million in revenue in 2017.

Further details of the case can be found by looking at the case which is titled Richard Salvia et al. v. The Roman Catholic Archdiocese of Newark, New Jersey, Case No.: L-3418-19, in the Superior Court of New Jersey, County of Essex.

Former Sports Anchor, Vince Lennon sues Alabama TV Station for Claims of Racial Discrimination

When it comes to breach of contract and racial discrimination in the workplace, no employee can tolerate such behavior from their employers. Employees who have gone through this have been forced to acquire the help of the law to right the wrongs the employers have put them through. One employee looking for justice because of the breach of contract and racial discrimination comments, he went through at his workplace. This employee is none other than a former Montgomery TV sports anchor Vince Lennon. He filed a suit against Montgomery Television on three accounts of fraud, racial discrimination, and breach of contract.

He claims that while working at the network, he did not have the same treatment compared to his white co-workers. The reason for the difference in treatment was that he is of Spanish descent. Vince Lennon also claimed that the network lied to him in terms of the details of his employment while he was being recruited for his sports anchoring position at WAKA.

According to Lennon, when he left his stable job at Tennessee and relocated to Montgomery, he succumbed to economic hardship and financial loss. The loss he experienced continued after the company failed to pay his salary, as stipulated in his contract. WAKA also failed to pay him the makeup allowance they agreed upon when signing his contract.

Also, according to lawsuit Vince Lennon filed, when he was being “lured” away from Chattanooga to Montgomery to work at WAKA, Halbrooks promised a fully staffed bureau for production and editing of sports segments along with multiple cameras. But upon accepting the job, Lennon did not receive any of the promises. His department was not fully staffed, and he never did receive the equipment promised by management. During the one year he worked at WAKA, he never got any of the promises or agreements they made before signing the contract.

The lawsuit also includes several claims of harassment from his co-worker Sanders, especially one that claims his co-worker insinuated that he would cut off Vince Lennon’s manhood. The case is still pending, but most of his lawsuit claims have been ruled out due to jurisdictional issues.