Klafter Lesser LLP

FINAL APPROVAL OF WAGE & HOUR FLSA SETTLEMENT REACHED AGAINST BURLINGTON STORES

KL is pleased to announce that on December 23, KL's $5.2 million settlement on behalf of 828 Burlington Stores assistant store managers received final approval by the United States District Court for the District of New Jersey. The case was Peyton-Fernandez v. Burlington Stores, Inc., No. 22-608 (AMD).

KL Obtains Preliminary Approval of Carry-on Bag Fee Settlement with Spirit Airlines

On September 21, 2023, the Court presiding over the class action brought against Spirit Airlines that KL (together with the Hermina Law Firm) has been prosecuting, that challenges Spirit’s imposition of carry-on fees to certain passengers, preliminarily approved a settlement in the amount of $8.25 million. The proposed settlement is on behalf of the following Class certified by the Court: "first-time fliers of Spirit who purchased their Spirit flight through one of the following six on-line travel agents (“OTAs”) – Expedia, Travelocity, Kiwi, CheapOair, CheapTickets, and BookIt – during the period of August 31, 2011, through May 3, 2017, and whose claims are governed by U.S. law."

The proposed settlement provides for Class Members to receive up to 75% of the carry-on bag fee they paid. The actual percentage of the carry-on fee paid that will be refunded will depend on the amount of Court approved payments for attorneys’ fees and for reimbursement of expenses and for service awards to the named plaintiffs, and the number of timely and valid Claims submitted.

In order to be eligible to share in the proposed settlement, if finally approved by the Court, you would have to submit a Claim Form no later than January 10, 2024. The Court has scheduled a final approval hearing for Monday, December 11, 2023, at 9:30 a.m. EST, at the United States District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, New York. You do not need to nor have to attend, but you may at your own expense. The Claim Form and a Notice containing detailed information about the proposed settlement of this class action lawsuit and what rights Class Members have regarding the proposed settlement can be found at the following website:

www.spiritcarryonbagfeesettlement.com

KL Wins Constitutional Class Certification for Discrimination Against Non-DC Non-Profits

Klafter Lesser has won class certification in an unusual class action brought against Washington D.C. for un-Constitutionally discriminating against non-profit organizations that do not have offices in D.C. Under D.C. law, a non-profit located in the District is exempt from paying sales and hotel taxes in the District. But non-profits from anywhere else who hold conventions in D.C. do have to pay sales and hotel taxes. On behalf of the American Philosophical Association and the American Anthropological Association, KL asserts that this discrimination in favor of its D.C.-based non-profits violated the Commerce Cause of the Constitution and, with co-counsel Kellog, Hansen, Todd, Figel & Frederick, has been fighting for two years to get the claims in the case certified as a class action. On April 30, 2021, the Superior Court of the District of Columbia agreed with KL and certified the case as a class action on behalf of all non-profits that are not located in D.C. and who held conventions at or otherwise paid sales and hotel taxes at all the major DC hotels and who continue to do so until the constitutionality of the D.C. law at issue is determined. American Philosophical Association v. District of Columbia, Case No. 2019 CVT 000003.