A US District Court judge has denied an application to re-hear a failed lawsuit concerning the USD1.9 billion merger between Alaska Airlines (AS, Seattle Tacoma International) and Hawaiian Airlines (HA, Honolulu).
On October 21, 2024, Judge Derrick K Watson denied a motion by three plaintiffs, namely Warren Yoshimoto, Sean Kettley, and Kristen Barroga, to set aside an August 12, 2024, judgment that blocked their bid to stop the merger. Originally, eight plaintiffs argued the merger violated the United States' Clayton Antitrust Act and would substantially lessen competition or create a monopoly in multiple markets. However, in his ruling in August, Watson said the plaintiffs had failed to demonstrate "concrete or particularised harm" from the merger.
Alaska Airlines said the plaintiffs, all describing themselves as passengers and travel agents, were "serial litigants" who had unsuccessfully challenged nearly every airline merger in recent US history. In his ruling this week, Watson said arguments to have the matter re-heard were a "poorly disguised effort to relitigate standing with additional evidence never presented to the court at the time of the August order."
The trio sought to reopen the case on the grounds that the judgment was based on a “manifest error of law or fact." However, Watson said they could point to any error, manifest or otherwise. "It appears plaintiffs are simply dissatisfied with the court’s decision and wish for a second bite at the apple," his ruling reads.
In denying the application, the judge said the plaintiffs presented no legitimate grounds for reconsidering his previous ruling.
