The U.S. Department of Justice (USDOJ) confirmed today that it is currently engaged in discussions with Southwest Airlines to resolve a lawsuit concerning chronic flight delays. The case, filed by the Biden administration, accuses the airline of operating flights with unrealistic schedules that led to frequent delays, violating federal transportation regulations.
The U.S. Department of Transportation (USDOT) had previously highlighted Southwest’s operation of two specific chronically delayed flights in 2022—one between Chicago Midway and Oakland, California, and another between Baltimore and Cleveland. According to USDOT rules, a flight is considered chronically delayed if it arrives more than 30 minutes late at least 50% of the time, occurring at least 10 times per month.
In January, USDOT sought maximum civil penalties for Southwest, but the airline has maintained that it is unfair to be sued over flights that occurred more than two years ago. Southwest defended its long history of operations, noting that it has conducted over 20 million flights since 2009 without similar violations.
As part of the ongoing negotiations, Southwest has been given until May 30 to respond to the lawsuit. A Southwest Airlines spokesperson declined to comment immediately.
This is not the first time USDOT has taken action against airlines for chronic delays. In January, the department fined Frontier Airlines $650,000 for operating multiple chronically delayed flights. Similarly, in December 2023, Southwest agreed to a $90 million settlement, offering travel vouchers to passengers impacted by delays or cancellations during its December 2022 holiday disruption.
This latest legal development reflects growing scrutiny of airlines’ scheduling practices and their impact on consumers. Under USDOT guidelines, penalties for chronic delays aim to ensure fair treatment for passengers and encourage airlines to adopt more realistic schedules.
The final resolution of the case could set a significant precedent for how the government holds airlines accountable for delays, and how affected passengers are compensated for disruptions to their travel plans.
Related topics:
