Law Firms Mentioned:Morgan, Lewis & Bockius | Outten and Golden
Organizations Mentioned:Morgan Lewis & Bockius, LLP | Outten & Golden, LLP | Southwest Airlines | Southwest Airlines Co.
By Ronald Miller, J.D.
To approve a proposed settlement, a court must be satisfied the parties “have engaged in sufficient investigation of the facts to enable the court to intelligently make... an appraisal of the settlement.”
A federal district court in California granted preliminary approval of a $18.5 million settlement of a class action lawsuit arising under USERRA, which alleged that Southwest Airlines had a policy of refusing to provide paid leave for short-term military leave in violation of USERRA, while providing paid leave for other comparable short-term absences from work. The court determined that the settlement appeared to be the product of serious, informed, non-collusive negotiations. While the court had concerns regarding $25,000 service awards because they were substantially higher than amounts typically awarded, it decided to defer ruling on the appropriateness of the amount requested until final approval. Further, the settlement was within the range of possible approval (Huntsman v. Southwest Airlines Co., No. 3:19-cv-00083-JSC (N.D. Cal. Dec. 11, 2025)).
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