I imagine anybody who won in small claims for damages related to the delay, like a prepaid hotel, or losing a day of work, didn’t win on the merits but because the airline didn’t show up to fight.

If this were a binding precedent, a surgeon or ophthalmologist who missed a day of work for a delay, could sue and get 20 grand or whatever. Photo labs, if they still existed, would have to reimburse weddings/vacations instead of film, lol. And then no airline or photo lab would continue to do business…

But maybe you can whack them in a small court somewhere in which it doesn’t establish a record… Interesting topic. I know at least one Flyertalker who has done so, but over a different matter.