WASHINGTON -- The airlines, citing "significant financial
distress," filed a motion requesting a 90-day delay to the April 28
start of travel agent Sarah Hall's class action suit against the
carriers.
According to papers filed in the U.S. District Court for the
Eastern District of North Carolina, Southern Division, the airlines
asked the court to delay the trial because the airline industry is
"in significant financial distress" and the "costs of preparing for
the trial will be substantial."
Counsel for the airlines -- which include American, Air Canada,
Alaska, America West, Delta, Lufthansa, Frontier, Horizon, Midwest
and Air France -- also noted that a delay was necessary because
agents still have several days to decide whether or not they want
to be part of the class action.
Furthermore, the airlines said that they are awaiting court
rulings on certain other motions and the 90-delay would give the
court more time.
The April 28 trial date, the airlines said, "has become unduly
compressed by the procedural history of this case."
But attorneys for Hall, who is suing the carriers over the
airlines' decision to cut agent commissions on airline ticket
sales, have asked the court to deny the motion.
Noting the case began on June 21, 2000, and the discovery phase
largely has been completed, the attorneys argued there was no
reason for a delay.
"Currently, all expert designation, discovery and depositions
have been completed and nothing further in regard to the experts is
contemplated," the attorney argued in a court brief.
With regard to the airlines' claim of "financial distress,"
Hall's attorney countered: "Plaintiffs have equal, if not greater,
economic hardships due to the state of the industry...the longer
the trial is delayed, the more the harmful economic consequences to
the plaintiff class increase."
Both parties were awaiting the court's ruling.