DOT DISMISSES “CHRONIC DELAY” LAWSUIT AGAINST SOUTHWEST
June 18, 2025
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On May 16, 2025, the Trump administration voluntarily dismissed a lawsuit against Southwest which alleged that the carrier advertised unrealistic flight schedules. The lawsuit, which was filed in the waning days of the Biden administration, claimed that Southwest engaged in unfair or deceptive practices by operating chronically delayed flights during a five-month period ending in August 2022. Following the dismissal, Southwest explained that the lawsuit should not have been brought in the first place since the flights at issue were delayed due to reasons outside of the carrier’s operational control. Carriers may remember that chronic delays were a “hot topic” for regulators in the prior administration. For reference, DOT levied significant penalties against JetBlue and Frontier in January 2025 for operating flights with unrealistic schedules. A voluntary dismissal in the Southwest lawsuit could forecast a shift in Department priorities as Secretary Duffy focuses on modernizing national air traffic control systems and resolving the current controller shortage.
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