To Proceed with Lawsuit, US Airways Must Pay Sabre $6 Million

The judge presiding over US Airways’ antitrust lawsuit against Sabre told the carrier that it can proceed with its case only if it agrees to pay Sabre more than $6 million to cover legal costs.

Judge Lorna G. Schofield’s order follows what Sabre’s lawyers called a “procedural gambit” by US Airways last year.

The carrier had asked for a bench trial—a case that is decided by a judge, rather than a jury—in the nearly five-year-old case.

Making it clear that it was less interested the damages it had sought than in changing the way GDS companies do business, US Airways amended its complaint for the second time to waive all but $20 in damages; any more than that and the case would not qualify for a bench trial.

Specifically, US Airways wanted to bring an end to “full-content” agreements, which prohibit carriers from selling lower fares on their websites than they provide to GDSs.

US Airways wanted a declaratory judgment by the judge. But Judge Schofield denied that request, noting that “federal courts decide only live cases or controversies,” and the relief sought by US Airways pertains to an expired contract.

The carrier wants to amend its complaint for a third time to reinstate its claims for damages and to ask for a jury trial.

The judge’s order states that “plaintiff may file a third amended complaint provided it reimburses defendants $6,040,224.06 in attorneys’ fees and costs that defendants incurred in connection with plaintiff’s efforts to obtain a bench trial by waiving its claim for damages and subsequent efforts to reverse its damages waiver.”

Pic: CC BY-SA 2.5