David Simon v. Continental Airlines, Inc.

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 11a0753n.06
Case No. 10-3176
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
DAVID SIMON, et al.,
Plaintiffs-Appellants,
v.
CONTINENTAL AIRLINES, INC.,
Defendant-Appellee.
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ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE NORTHERN
DISTRICT OF OHIO
BEFORE: BATCHELDER Chief Judge; SUHRHEINRICH and GRIFFIN, Circuit Judges.
ALICE M. BATCHELDER, Chief Judge. This case arises from a class action complaint
filed by Plaintiffs David Simon, Gary Berk, Jean Heflich, and Evelyn Smith against Defendant
Continental Airlines, Inc. (“Continental”). Plaintiffs allege that Continental violated the terms of
its OnePass frequent flier program; they seek damages, injunctive relief, and certification of a class.
The OnePass program works like any other frequent flier program. Members sign up for the
program, collect miles by flying on Continental, and can redeem those miles for reward tickets and
other merchandise. Plaintiffs allege that Continental charged more than the advertised number of
miles to redeem certain reward tickets, charged an additional fee for tickets redeemed within 20 days
of the flight date, and charged a cancellation fee when members cancelled a reward ticket and wanted
to redeposit the miles for later use.

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No. 10-3176, Simon, et al. v. Continental Airlines, Inc.
Both sides moved for summary judgment. The district court denied Plaintiffs’ motion,
granted Continental’s, and denied as moot Plaintiffs’ motion to certify a class. Plaintiffs appeal.
After carefully reviewing the district court’s opinion, the briefs, and the record in this case,
we conclude that the district court did not err in granting summary judgment to Continental. As the
district court correctly set out the applicable law and correctly applied that law to the facts contained
in the record, issuance of a full written opinion by this court would serve no useful purpose.
Accordingly, for the reasons stated in its well-reasoned opinion, we AFFIRM the judgment
of the district court.
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