British Airways COVID-19 Refund Litigation Will Proceed

Plaintiffs represented by Girard Sharp continue to pursue claims against British Airways related to the airline’s failure to provide refunds to customers in the wake of the COVID-19 outbreak in spring 2020.

The case against British Air took a major step forward on March 26, 2021, when U.S. District Judge Jesse M. Furman of the Southern District of New York denied in part its motion to dismiss.

The Court rejected British Airways’ argument that it provided travel vouchers, concluding that “Plaintiffs state a plausible breach-of-contract claim under New York law” and “their claim is not preempted by federal law.” In so ruling, the Court credited Plaintiffs’ allegations that “by removing refund claim forms from its website and channeling their refund requests through overburdened and inadequate call centers, British Airways frustrated their ability to secure refunds.”

Attorneys Adam Polk and Tom Watts represent Plaintiffs together with co-counsel at Berger Montague LLP.

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