From the article:
Opper has sued Delta, in federal court for the Eastern District of Wisconsin, claiming breach of contract, breach of the covenant of good faith and fair dealing, and breach of express warranty because Delta didn't provide the best fares available. She also sued for fraud, saying Delta purposely withheld the better fares and defrauded consumers.
The lawsuit didn't say whether Opper had sought compensation under the Best Fair Guarantee. Opper's Milwaukee attorney, James C. Shah, didn't return a call for comment.
No court action has been taken on granting the lawsuit class-action status, which would allow other parties to join.
The only ones going to make out are the lawyers. If she does not prevail, I hope DL recovers their legal fees. Make it like England. You lose - you pay.
The lawsuit didn't say whether Opper had sought compensation under the Best Fair Guarantee.
Well I would guess that would be a major factor.
Let a judge look at it first.
If I was on that jury - the case would lose or be a hung jury, based on the "facts" I read in the lawsuit. I would be the one hanging up the jury, unless they could prove that DL would not match the Best Fair Guarantee.
This case smells fishy - I guess that it was filed in Wisconsin.