You may be part of a new $78.75 million open class action settlement if you owned, lived in, or rented a home in the Class
Area affected by fuel jettison from Delta Flight DL89 near Los Angeles on January 14, 2020.
According to the lawsuit, Delta Flight DL89 experienced a mechanical issue shortly after takeoff from LAX on its way to
Shanghai. During the in flight emergency, the aircraft released jet fuel over parts of Southern California. Property
owners and residents in the area claim that liquid fuel reached the ground and caused harm to their homes and outdoor
areas.
Delta denies any wrongdoing and argues that it has strong legal defenses. The Court has not decided which side is right.
Instead, both sides agreed to a settlement that creates a large compensation fund for qualifying property owners and
residents while avoiding the risk, cost, and delay of continued litigation and trial.
Who Is Included in the Settlement?
You are part of the settlement class if, on January 14, 2020, you:
• Owned, resided in, or rented one of the 1 to 4 unit residential properties that appear on the list of affected
residences prepared by expert John A. Kilpatrick, and
• That property is within the Class Area identified on the class map used in the case.
The official settlement website, DL89Settlement.com, includes a searchable list so that you can check if your address is
one of the affected residences. Some people are not included in the class. Exclusions include:
• Delta Air Lines and its related companies, officers, and employees
• Government entities
• The judge presiding over the case and court staff
• Settlement Class Members who sold their property after the January 14, 2020 incident without disclosing the fuel
jettison to the buyer beforehand
• Anyone who has already filed their own lawsuit against Delta about the January 14, 2020 fuel jettison, other than
the Named Plaintiffs in this case
If you are still not sure whether you are included, you can call the Settlement Administrator at 1 833 419 4070 or visit
the official settlement website for more information.
What Does the Delta DL89 Settlement Provide?
Under the settlement, Delta Air Lines will:
• Pay $78,750,000 into a Settlement Fund, and
• Provide a Joint Declaration from the parties experts explaining laboratory testing about whether jet fuel from the
incident would be detectable at ground level and whether it would persist beyond the jettison event.
After the Court approves deductions for notice costs, administration costs, attorneys fees and expenses, and service
awards for the Named Plaintiffs, the remaining Net Settlement Fund of about $50,590,000 will be split between two groups:
• Owners Settlement Fund: 67 percent of the Net Settlement Fund
• Residents Settlement Fund: 33 percent of the Net Settlement Fund
The Owners Settlement Fund will be divided equally on a per property basis among all qualifying owners who submit valid,
verified Claim Forms. If there are multiple owners on the title for a property, the property share will be split evenly
among them.
The Residents Settlement Fund will be divided equally among all qualifying residents who submit valid, verified Claim
Forms. If a resident is younger than 14, that minor persons parent or legal guardian must submit the claim on the minors
behalf.
How Do I File a Claim?
To receive money from this settlement you must submit a Claim Form. Payments are not automatic, even if you received a
notice. You can:
• File a claim online at the official settlement website DL89Settlement.com, or
• Request a paper Claim Form by calling 1 833 419 4070 or writing to the Settlement Administrator, then complete and
mail it back.
Claim Forms must be submitted online by February 6, 2026. If you mail your Claim Form, it must be postmarked no later
than February 6, 2026.
Your claim will ask for information that allows the Settlement Administrator to confirm that on January 14, 2020 you owned,
lived in, or rented a property on the approved list of affected residences. The administrator may compare your information
with public records and the Kilpatrick list to verify eligibility.
Do I Need Proof to File a Claim?
Basic proof of ownership or residency is required. The notice states that the Settlement Administrator must be able to
verify each Claim Form. In general you should be prepared to provide:
• Your name and contact information
• The address of the affected property
• Dates showing that you owned, lived in, or rented the property on January 14, 2020
• Any documents requested by the Settlement Administrator to confirm your connection to the property, such as
property records or a lease
You will also certify that the information in your claim is true and correct. Providing false information can lead to
rejection of your claim and other consequences.
How Much Can Class Action Members Get Paid?
Exact payment amounts are not known yet and will depend on how many people file valid claims and which group they belong
to. Key factors in the Delta Airlines class action settlement include:
• The final size of the Net Settlement Fund after the Court approves deductions
• How many qualifying Owners submit valid claims
• How many qualifying Residents submit valid claims
The Owners Settlement Fund will be split equally on a per property basis among all verified owner claimants. The Residents
Settlement Fund will be split equally among all verified resident claimants. There are no separate payment tiers based on
individual damage amounts or number of household members, beyond the Owners versus Residents split and the per property
approach for owners.
When Will Payments Be Sent?
The Court will hold a Final Approval Hearing on May 18, 2026, at 8:30 a.m. Pacific Time at the United States District
Court for the Central District of California, First Street Courthouse, 350 W. First Street, Courtroom 10C, Los Angeles,
California 90012.
At that hearing, the Court will decide whether to:
• Grant final approval of the settlement
• Approve attorneys fees, litigation costs, and service awards
• Approve payment of settlement administration costs
If the Court grants final approval and no appeals are filed, payments will be distributed after Claim Forms are processed
and the settlement becomes fully effective. If there are appeals, payments could be delayed by many months or longer.
There is no guaranteed payment date, so class members should check the official settlement website for updates.
What Are My Options?
If you are a Settlement Class Member, you have four main options:
• Submit a Claim Form by February 6, 2026 to request a payment from the settlement if your claim is approved.
• Do nothing. You will not receive a payment, but you will still be bound by the settlement and give up your
right to bring your own lawsuit about the fuel jettison against the Released Parties.
• Exclude yourself from the settlement by mailing a valid opt out request postmarked no later than February 6,
2026. This removes you from the class so you will not receive settlement money, but you keep your right to sue the Released
Parties on your own for the claims covered by the settlement.
• Object to the settlement by mailing a written objection postmarked no later than February 6, 2026 if you stay
in the class but want to tell the Court that you do not agree with part of the settlement.
How Do I Opt Out of the Delta DL89 Settlement?
To exclude yourself, you must send a written request for exclusion to the Settlement Administrator. Your letter should:
• Include your full name, current mailing address, email address, and telephone number
• Clearly state that you want to be excluded from the settlement in In Re. Delta Air Lines, Inc., Lead Case
No. 2 20 cv 00786 JAK (SKx)
• Include a document showing that you owned or resided in one of the affected properties on January 14, 2020, if
that applies to you
• Be signed by you
Your exclusion request must be mailed to the address listed in the official notice and postmarked no later than February
6, 2026.
If you exclude yourself, you will not receive a payment from this settlement, and you will not be bound by the releases in
the settlement agreement. You will be free to file your own lawsuit at your own cost if you choose.
How Do I Object to the Settlement?
If you stay in the settlement class and do not opt out, you may object if you disagree with any part of the settlement,
the requested attorneys fees, or the requested service awards.
To object, you must mail a written objection to the Settlement Administrator so that it is postmarked by February 6, 2026.
Your objection should include:
• The case name and number: In Re. Delta Air Lines, Inc., Lead Case No. 2 20 cv 00786 JAK (SKx)
• Your full name, address, telephone number, and email address
• A statement or documentation showing that you are a Settlement Class Member, including the affected property address
and approximate dates of ownership or residency
• All reasons for your objection, along with any supporting documents
• The name and contact information for your attorney, if you have one
• A statement indicating whether you or your attorney plan to speak at the Final Approval Hearing
• Your signature, and your attorneys signature if you have one
If you or your attorney plan to appear at the Final Approval Hearing, the objection must also list any witnesses who may
testify, any documents you plan to present, and a list of other class action objections you or your attorney have made in
the past five years.
If you exclude yourself from the settlement, you cannot also object because the settlement will no longer apply to you.
How Do I Find Class Action Settlements?
Find all the latest class actions you can qualify for by getting notified of new lawsuits as soon as they are open to claims:
Please submit only truthful information. False or fraudulent claims can be rejected and may carry penalties. If you are
not sure whether you qualify, review the official notice or contact the Settlement Administrator at 1 833 419 4070 or on
the official website. OpenClassActions.com is a consumer news site and is not a settlement administrator or a law firm.
Nothing on this page is legal advice.