Case: Airlines for America v. U.S. Department of Transportation

25-60071 | U.S. Court of Appeals for the Fifth Circuit

Filed Date: Feb. 18, 2025

Case Ongoing

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Case Summary

This is a case about federal air travel regulations and the rights of passengers with disabilities. The Lawsuit On February 14, 2025, a coalition of major U.S. airlines—including American, Delta, JetBlue, Southwest, and United—filed a petition in the U.S. Court of Appeals for the Fifth Circuit seeking to block a new Department of Transportation (DOT) rule imposes new accessibility requirements for air travelers who use wheelchairs and similar assistive devices, like scooters (in this summary, c…

This is a case about federal air travel regulations and the rights of passengers with disabilities.

The Lawsuit

On February 14, 2025, a coalition of major U.S. airlines—including American, Delta, JetBlue, Southwest, and United—filed a petition in the U.S. Court of Appeals for the Fifth Circuit seeking to block a new Department of Transportation (DOT) rule imposes new accessibility requirements for air travelers who use wheelchairs and similar assistive devices, like scooters (in this summary, collectively referred to as “wheelchairs”). The airlines argued that the new rule exceeds DOT’s statutory authority and violates the Administrative Procedure Act (APA).

Uniquely, a federal law-- 49 U.S.C. § 46110(a)—requires that certain challenges to DOT rules be filed directly in federal appellate courts. So this case bypassed a trial court and was filed directly in the Fifth Circuit.

What the DOT Rule Does

The rule at issue in this case is titled Ensuring Safe Accommodations for Air Travelers with Disabilities Using Wheelchairs. DOT passed the rule by using a “notice and comment” process (that is, it sought and considered input from the public). After considering public input, the DOT passed the final rule on December 17, 2024. The rule imposes a broad set of requirements on airlines, including:

Requiring that assistance provided to individuals with disabilities does not put them at heightened risk of bodily injury.
Establishing a presumption of liability against an airline whenever a passenger’s wheelchair is returned damaged, delayed, or missing.
Requiring airlines to notify passengers before takeoff as to whether their wheelchair was successfully loaded onto the aircraft, and to ensure wheelchairs are as close as possible to the door of the aircraft, upon de-boarding.
Mandating that airlines offer loaner wheelchairs, fare reimbursements, and accessible ground transportation in the event of mishandled devices.
Requiring annual training for airline staff and contractors who assist passengers with disabilities.
Requiring disclosure of cargo hold dimensions so passengers can determine whether their devices will fit on board.

The rule implements provisions from the FAA Reauthorization Acts of 2018 and 2024, which directed the DOT to improve accessibility standards for air travel.

Airlines of America v. DOT

The petitioning airlines—through their trade association, Airlines for America—argued that the DOT’s rule is unlawful on several grounds. First, they claimed the rule exceeds the Department’s authority under the Air Carrier Access Act and related statutes. Second, they alleged that the rule is “arbitrary and capricious” under the APA because DOT failed to reasonably explain or justify its assumptions, did not adequately consider airline operational constraints, and/or adopted burdensome requirements without appropriate cost-benefit analysis. Finally, the airlines argued that parts of the rule were procedurally defective because DOT did not follow proper notice-and-comment procedures or went beyond what was previewed in the proposed rule.

As of May 7, 2025, the airlines were preparing to brief their legal arguments in detail, and the case remained ongoing.

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Summary Authors

Gordon Pignato (5/9/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69648547/parties/airlines-for-america-v-tran/

Expert/Monitor/Master/Other

Blakely, Kyser (- United States (national) -)

Dvoretzky, Shay (- United States (national) -)

Enloe, Charles (- United States (national) -)

Hayes, Stephen (- United States (national) -)

Khan, Hanaa (- United States (national) -)

Expert/Monitor/Master/Other

Blakely, Kyser (- United States (national) -)

Dvoretzky, Shay (- United States (national) -)

Enloe, Charles (- United States (national) -)

Hayes, Stephen (- United States (national) -)

Khan, Hanaa (- United States (national) -)

Markano-Stark, Alessandra Baniel (- United States (national) -)

Mittal, Urja (- United States (national) -)

Patashnik, Jeremy (- United States (national) -)

Raab, Michael S. (- United States (national) -)

Rider-Longmaid, Parker Andrew (- United States (national) -)

Shih, Michael (- United States (national) -)

Thurston, Robin F. (- United States (national) -)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1-1 25-60071	DKT-4 Letter U.S. Court of Federal Claims	Feb. 18, 2025	Feb. 18, 2025 Other
1-2 25-60071	Petition for Review U.S. Court of Federal Claims	Feb. 18, 2025	Feb. 18, 2025 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/69648547/airlines-for-america-v-tran/

Last updated Aug. 7, 2025, 3:04 a.m.

ECF Number	Description	Date	Link Date / Link
1	AGENCY CASE docketed. Petition for review filed by Petitioners Airlines for America, American Airlines, Incorporated, Delta Air Lines, Incorporated, Jetblue Airways Corporation, Southwest Airlines Company and United Airlines, Incorporated. Date received in 5th Circuit: 02/14/2025. Administrative Record due on 03/31/2025 [25-60071] (RA) [Entered: 02/18/2025 08:26 AM] 1 DKT-4 Letter View on RECAP 2 Petition for Review View on RECAP	Feb. 18, 2025	Feb. 18, 2025
3	APPEARANCE FORM received from Mr. Shay Dvoretzky for Airlines for America, American Airlines, Incorporated, Delta Air Lines, Incorporated, Jetblue Airways Corporation, Southwest Airlines Company and United Airlines, Incorporated for the court's review. Lead Counsel? Yes. [25-60071] (Shay Dvoretzky ) [Entered: 02/18/2025 09:44 AM]	Feb. 18, 2025	Feb. 18, 2025 PACER
4	APPEARANCE FORM for the court's review. Lead Counsel? No. [25-60071] (Parker Andrew Rider-Longmaid ) [Entered: 02/18/2025 09:46 AM]	Feb. 18, 2025	Feb. 18, 2025 PACER
5	APPEARANCE FORM for the court's review. Lead Counsel? No. [25-60071] (Kyser Blakely ) [Entered: 02/18/2025 09:48 AM]	Feb. 18, 2025	Feb. 18, 2025 PACER
6	APPEARANCE FORM for the court's review. Lead Counsel? No. [25-60071] (Jeremy Patashnik ) [Entered: 02/18/2025 09:50 AM]	Feb. 18, 2025	Feb. 18, 2025 PACER
7	APPEARANCE FORM for the court's review. Lead Counsel? No. [25-60071] (Hanaa Khan ) [Entered: 02/18/2025 09:51 AM]	Feb. 18, 2025	Feb. 18, 2025 PACER
8	APPEARANCE FORM FILED by Attorney Shay Dvoretzky for Petitioner United Airlines, Incorporated in 25-60071, Attorney Shay Dvoretzky for Petitioner Southwest Airlines Company in 25-60071, Attorney Shay Dvoretzky for Petitioner Jetblue Airways Corporation in 25-60071, Attorney Shay Dvoretzky for Petitioner Delta Air Lines, Incorporated in 25-60071, Attorney Shay Dvoretzky for Petitioner American Airlines, Incorporated in 25-60071, Attorney Shay Dvoretzky for Petitioner Airlines for America in 25-60071 [25-60071] (SH) [Entered: 02/18/2025 04:02 PM]	Feb. 18, 2025	Feb. 18, 2025 PACER
9	APPEARANCE FORM FILED by Attorney(s) Parker Andrew Rider-Longmaid for party(s) Petitioner Delta Air Lines, Incorporated Petitioner Airlines for America Petitioner American Airlines, Incorporated Petitioner United Airlines, Incorporated Petitioner Southwest Airlines Company Petitioner Jetblue Airways Corporation, in case 25-60071 [25-60071] (SH) [Entered: 02/18/2025 04:07 PM]	Feb. 18, 2025	Feb. 18, 2025 PACER
10	APPEARANCE FORM FILED by Attorney(s) Kyser Blakely for party(s) Petitioner Delta Air Lines, Incorporated Petitioner Airlines for America Petitioner American Airlines, Incorporated Petitioner United Airlines, Incorporated Petitioner Southwest Airlines Company Petitioner Jetblue Airways Corporation, in case 25-60071 [25-60071] (SH) [Entered: 02/18/2025 04:10 PM]	Feb. 18, 2025	Feb. 18, 2025 PACER
11	APPEARANCE FORM FILED by Attorney(s) Jeremy Patashnik for party(s) Petitioner Delta Air Lines, Incorporated Petitioner Airlines for America Petitioner American Airlines, Incorporated Petitioner United Airlines, Incorporated Petitioner Southwest Airlines Company Petitioner Jetblue Airways Corporation, in case 25-60071 [25-60071] (SH) [Entered: 02/18/2025 04:18 PM]	Feb. 18, 2025	Feb. 18, 2025 PACER
12	APPEARANCE FORM FILED by Attorney(s) Hanaa Khan for party(s) Petitioner Delta Air Lines, Incorporated Petitioner Airlines for America Petitioner American Airlines, Incorporated Petitioner United Airlines, Incorporated Petitioner Southwest Airlines Company Petitioner Jetblue Airways Corporation, in case 25-60071 [25-60071] (SH) [Entered: 02/18/2025 04:29 PM]	Feb. 18, 2025	Feb. 18, 2025 PACER
15	INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [15] Initial AA Check Due satisfied. [25-60071] (RA) [Entered: 02/19/2025 10:12 AM]	Feb. 19, 2025	Feb. 19, 2025 PACER
16	MOTION filed by Attorney Mr. Kyser Blakely for Petitioners Airlines for America, American Airlines, Incorporated, Delta Air Lines, Incorporated, Jetblue Airways Corporation, Southwest Airlines Company and United Airlines, Incorporated to withdraw as counsel [16]. Date of Service: 02/25/2025 via email - Attorney for Petitioners: Blakely, Dvoretzky, Khan, Patashnik, Rider-Longmaid; Attorney for Respondent: Enloe [25-60071] (Kyser Blakely ) [Entered: 02/25/2025 03:47 PM]	Feb. 25, 2025	Feb. 25, 2025 PACER
17	CLERK ORDER granting Motion to withdraw as counsel filed by Mr. Kyser Blakely [16] [25-60071] (MVM) [Entered: 02/26/2025 01:54 PM]	Feb. 26, 2025	Feb. 26, 2025 PACER
24	MOTION to intervene filed by Paralyzed Veterans of America, [25-60071]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION by Paralyzed Veterans of America to intervene, Date of service: 03/20/2025 via email - Attorney for Petitioners: Dvoretzky, Khan, Patashnik, Rider-Longmaid; Attorney for Respondents: Enloe, Shih [25-60071] (Alessandra Baniel Markano-Stark ) [Entered: 03/20/2025 05:41 PM]	March 20, 2025	March 20, 2025 PACER
25	APPEARANCE FORM for the court's review. Lead Counsel? No. [25-60071] (Michael S. Raab ) [Entered: 03/21/2025 09:12 AM]	March 21, 2025	March 21, 2025 PACER
26	APPEARANCE FORM FILED by Attorney(s) Michael S. Raab for party(s) Respondent TRAN, in case 25-60071 [25-60071] (RA) [Entered: 03/21/2025 11:34 AM]	March 21, 2025	March 21, 2025 PACER
31	APPEARANCE FORM FILED by Attorney(s) Stephen Hayes for party(s) Not Party Paralyzed Veterans of America, in case 25-60071 [25-60071] (SH) [Entered: 03/28/2025 11:46 AM]	March 28, 2025	March 28, 2025 PACER
32	APPEARANCE FORM FILED by Attorney(s) Robin F. Thurston for party(s) Not Party Paralyzed Veterans of America, in case 25-60071 [25-60071] (SH) [Entered: 03/28/2025 11:47 AM]	March 28, 2025	March 28, 2025 PACER
34	CERTIFIED LIST filed. Date of Service: 03/31/2025 via email - Attorney for Petitioners: Dvoretzky, Khan, Patashnik, Rider-Longmaid; Attorney for Respondents: Enloe, Raab, Shih; Attorney for Not Parties: Hayes, Markano-Stark, Thurston [25-60071] (Michael Shih ) [Entered: 03/31/2025 10:04 AM]	March 31, 2025	March 31, 2025 PACER
36	Certified List FILED in lieu of record.Administrative record deadline satisfied. [25-60071] (RA) [Entered: 03/31/2025 11:15 AM]	March 31, 2025	March 31, 2025 PACER
37	BRIEFING NOTICE ISSUED A/Pet's Brief Due on 05/12/2025 for Petitioners Airlines for America, American Airlines, Incorporated, Delta Air Lines, Incorporated, Jetblue Airways Corporation, Southwest Airlines Company and United Airlines, Incorporated. [25-60071] (RA) [Entered: 03/31/2025 11:17 AM]	March 31, 2025	March 31, 2025 PACER
39	COURT ORDER granting Motion to intervene [24] by Paralyzed Veterans of America in 25-60071 [25-60071] (RA) [Entered: 04/04/2025 03:23 PM]	April 4, 2025	April 4, 2025 PACER
40	APPEARANCE FORM FILED by Attorney Alessandra Baniel Markano-Stark for Intervenor Paralyzed Veterans of America in 25-60071 [25-60071] (SR) [Entered: 04/07/2025 10:29 AM]	April 7, 2025	April 7, 2025 PACER
41	UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Petitioners Airlines for America, American Airlines, Incorporated, Delta Air Lines, Incorporated, Jetblue Airways Corporation, Southwest Airlines Company and United Airlines, Incorporated for filing Opening Brief until 06/11/2025 [25-60071] (Shay Dvoretzky ) [Entered: 05/05/2025 11:19 AM]	May 5, 2025	May 5, 2025 RECAP
42	EXTENSION RECEIVED for Petitioners Airlines for America, American Airlines, Incorporated, Delta Air Lines, Incorporated, Jetblue Airways Corporation, Southwest Airlines Company and United Airlines, Incorporated. Extension Granted to and including 06/11/2025. A/Pet's Brief deadline updated to 06/11/2025 for Petitioners Airlines for America, American Airlines, Incorporated, Delta Air Lines, Incorporated, Jetblue Airways Corporation, Southwest Airlines Company and United Airlines, Incorporated [25-60071] (RA) [Entered: 05/05/2025 03:18 PM]	May 5, 2025	May 5, 2025 PACER
43	APPEARANCE FORM for the court's review. Lead Counsel? No. [25-60071] (Urja Mittal ) [Entered: 06/04/2025 08:59 AM]	June 4, 2025	June 4, 2025 PACER
44	UNOPPOSED MOTION filed by Petitioners Airlines for America, American Airlines, Incorporated, Delta Air Lines, Incorporated, Jetblue Airways Corporation, Southwest Airlines Company and United Airlines, Incorporated to extend time to file brief as appellant until 07/11/2025 [44]. Date of service: 06/04/2025 via email - Attorney for Petitioners: Dvoretzky, Khan, Patashnik, Rider-Longmaid; Attorney for Respondents: Enloe, Raab, Shih; Attorney for Intervenors: Hayes, Markano-Stark, Thurston [25-60071] (Shay Dvoretzky ) [Entered: 06/04/2025 09:20 PM]	June 4, 2025	June 4, 2025 PACER
45	APPEARANCE FORM FILED by Attorney(s) Urja Mittal for party(s) Respondent TRAN, in case 25-60071 [25-60071] (SR) [Entered: 06/05/2025 07:28 AM]	June 5, 2025	June 5, 2025 PACER
47	MOTION filed by Respondent TRAN to stay further proceedings in this court. Reason: hold case in abeyance pending agency review of rule. Date of service: 06/05/2025 via email - Attorney for Petitioners: Dvoretzky, Khan, Patashnik, Rider-Longmaid; Attorney for Respondents: Enloe, Mittal, Raab, Shih; Attorney for Intervenors: Hayes, Markano-Stark, Thurston [25-60071] (Urja Mittal ) [Entered: 06/05/2025 09:14 AM]	June 5, 2025	June 5, 2025 RECAP
56	RECORD EXCERPTS FILED. # of Copies Provided: 0 [25-60071]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Petitioners Airlines for America, American Airlines, Incorporated, Delta Air Lines, Incorporated, Jetblue Airways Corporation, Southwest Airlines Company and United Airlines, Incorporated. Date of service: 06/11/2025 via email - Attorney for Petitioners: Dvoretzky, Khan, Patashnik, Rider-Longmaid; Attorney for Respondents: Enloe, Mittal, Raab, Shih; Attorney for Intervenors: Hayes, Markano-Stark, Thurston [25-60071] (Shay Dvoretzky ) [Entered: 06/11/2025 11:52 PM]	June 11, 2025	June 11, 2025 PACER
57	APPELLANT'S BRIEF FILED # of Copies Provided: 0 A/Pet's Brief deadline satisfied. Appellee's Brief due on 07/11/2025 for Respondent United States Department of Transportation [25-60071]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Airlines for America, American Airlines, Incorporated, Delta Air Lines, Incorporated, Jetblue Airways Corporation, Southwest Airlines Company and United Airlines, Incorporated. Date of service: 06/11/2025 via email - Attorney for Petitioners: Dvoretzky, Khan, Patashnik, Rider-Longmaid; Attorney for Respondents: Enloe, Mittal, Raab, Shih; Attorney for Intervenors: Hayes, Markano-Stark, Thurston [25-60071] (Shay Dvoretzky ) [Entered: 06/11/2025 11:54 PM]	June 11, 2025	June 11, 2025 RECAP
58	RESPONSE/OPPOSITION [58] to the Motion to stay further proceedings in this court filed by Respondent TRAN in 25-60071 [47] and INCORPORATED MOTION to extend time to file brief of respondent. [58] Date of Service: 06/16/2025. [25-60071]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by Paralyzed Veterans of America [58] to the Motion to stay further proceedings in this court filed by Respondent TRAN [47] Date of Service: 06/16/2025 via email - Attorney for Petitioners: Dvoretzky, Khan, Patashnik, Rider-Longmaid; Attorney for Respondents: Enloe, Mittal, Raab, Shih; Attorney for Intervenors: Hayes, Markano-Stark, Thurston. [25-60071] (Robin F. Thurston ) [Entered: 06/16/2025 05:22 PM]	June 16, 2025	June 16, 2025 RECAP
63	REPLY filed by [63] to the Response/Opposition filed by Intervenor Paralyzed Veterans of America in 25-60071 [58]. [25-60071]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: REPLY filed by Respondent TRAN [63] to the Response/Opposition filed by Intervenor Paralyzed Veterans of America [58], to the Motion filed by Intervenor Paralyzed Veterans of America [58], to the Motion filed by Respondent TRAN [47]. Date of Service: 06/18/2025 via email - Attorney for Petitioners: Dvoretzky, Khan, Patashnik, Rider-Longmaid; Attorney for Respondents: Enloe, Mittal, Raab, Shih; Attorney for Intervenors: Hayes, Markano-Stark, Thurston. [25-60071] (Urja Mittal ) [Entered: 06/18/2025 03:41 PM]	June 18, 2025	June 18, 2025 RECAP
67	COURT ORDER granting Motion to stay further proceedings in this court filed by Respondent TRAN [47]; denying Motion to extend time to file appellant's brief filed by Petitioners Southwest Airlines Company, Delta Air Lines, Incorporated, American Airlines, Incorporated, United Airlines, Incorporated, Airlines for America and Jetblue Airways Corporation [44]; denying Motion to extend time to file intervenor's brief filed by Intervenor Paralyzed Veterans of America [58] [25-60071] (RA) [Entered: 06/23/2025 01:41 PM] 1 Non Dispositive Court Order View on PACER 2 MOT-2 Letter View on PACER	June 23, 2025	June 23, 2025