US Airways, Inc. v. Sabre Holdings Corporation et al, No. 1:2011cv02725 - Document 242 (S.D.N.Y. 2015)

Court Description: OPINION AND ORDER re: 196 MOTION for Partial Summary Judgment Based on the Statute of Limitations, 194 MOTION for Summary Judgment, and 195 MOTION for Partial Summary Judgment Based on Its Settlement Agreement with US Airw ays' Parent Company, American Airlines. For the reasons stated in the Opinion, which will be published in full after disposition of the parties application to redact the Opinion, if any, the motion is granted in part and denied in part as f ollows: Sabres motion for summary judgment on damages under the 2006 Agreement for lack of timeliness is GRANTED. US Airways will not be permitted to seek damages for conduct that occurred prior to February 23, 2011, the date the 2011 Agreement becam e effective; Sabres motion for summary judgment on damages incurred after the date of the Settlement Agreement and injunctive relief enjoining future conduct is GRANTED. US Airways will not be permitted to seek damages or other relief for conduct tha t occurred or will occur after October 30, 2012, the date of the Settlement Agreement; Sabres motion for summary judgment on the remaining claims is GRANTED IN PART and DENIED IN PART as follows: (1) summary judgment on US Airways claim under Count One for overcharges is DENIED, except to the extent dismissed on Sabres motion for summary judgment on the basis of the statute of limitations and the Settlement Agreement; and US Airways may seek damages for booking fee overcharges incurred from Feb ruary 23, 2011 through October 30, 2012; (2) summary judgment on US Airways claim under Count One for lost profits resulting from Sabres initial refusal to implement Choice Seats is GRANTED, and US Airways will not be permitted to seek damages for Ch oice Seats lost profits; (3) summary judgment on US Airways claim under Count One for Travelocity damages is GRANTED, and US Airways will not be permitted to seek Travelocity damages; and (4) summary judgment on US Airways claim under Count Four for harm due to an alleged horizontal restraint of trade is DENIED, except to the extent that US Airways seeks lost profits from the alleged conspiracy to resist implementation of Choice Seats. (Signed by Judge Lorna G. Schofield on 01/06/2015) (jcs)