On June 18, 2009, Labaton Sucharow LLP filed a class action lawsuit in the United States District Court for the Middle District of Florida against Delta Air Lines, Inc., AirTran Holdings, Inc. and AirTran Airways, Inc. on behalf of a proposed class of direct purchasers of airline tickets who paid baggage fees for their first checked bag on Delta or AirTran flights.

Plaintiffs allege that, in or around November 2008, AirTran and Delta entered into an unlawful agreement to implement a fee on the first baggage checked by their passengers. The case has been transferred to the Honorable Timothy C. Batten, Sr. in the Northern District of Georgia.

Plaintiffs include any Delta or Airtran passenger who has paid a fee on his or her first checked baggage between December 5, 2008 and the present.