Updated November 5, 2026
Delta windowless “window” seat class action
| Decided | November 4, 2026, by U.S. District Judge Ramon E. Reyes Jr. (E.D.N.Y.), per Simple Flying and Law360 |
|---|---|
| Defendant | Delta Air Lines, Inc. |
| Claim | Breach of contract |
| Ruling | Motion to dismiss denied; claims not preempted by federal law |
| Case | Meyer v. Delta Air Lines, Inc., No. 1:25-cv-04608 (E.D.N.Y.), filed August 19, 2025 |
| Status | Case continues. No class certified and nothing to claim. |
A New York federal judge ruled on November 4, 2026 that Delta Air Lines cannot get a proposed class action dismissed over windowless “window” seats, according to Law360. Flyers allege Delta charges premium fees for seats advertised as window seats that have no window. The judge found the breach of contract claims are not preempted by federal law.
Key takeaways
- A judge denied Delta’s motion to dismiss on November 4, 2026.
- The flyers’ claim is breach of contract, and the judge held it is not preempted by federal law.
- The lawsuit alleges Delta charges extra for “window” seats that are next to a blank wall.
- The ruling does not decide the case, and the claims against Delta are unproven.
What the windowless seat lawsuit claims
The first Delta suit on this issue, Meyer v. Delta Air Lines, Inc., was filed August 19, 2025 in the Eastern District of New York. The complaint says Delta’s seat maps label seats next to a wall as window seats on Boeing 737, 757 and Airbus A321 aircraft, and that the plaintiff paid extra for such a seat on a flight on August 16, 2025. It estimates Delta has sold more than a million windowless “window” seats.
The complaint asks to represent everyone in the United States who bought Delta airfare, paid extra to get a window seat and received a windowless seat. It seeks damages, restitution, fees and interest. The plaintiff’s lawyers are Greenbaum Olbrantz LLP. A similar suit was filed against United Airlines the same day.
What the ruling means
Airlines often argue federal aviation law blocks passenger claims about fees and services. By holding the contract claims are not preempted, the judge let the proposed class action move forward to the next stage, which includes evidence gathering and a later request to certify a class.
What flyers can do now
There is nothing to claim yet. If you paid extra for a Delta window seat, keep your booking confirmation, receipt and a photo of the seat. In most class actions people are included automatically if a class is later certified, as our guide on how to join a class action lawsuit explains. We will update this story with the next court date.
Frequently asked questions
What is the Delta windowless window seat lawsuit about?
It claims Delta charges a premium for seats it sells as window seats that have no window, which the flyers say breaches their contract.
Did the judge rule against Delta?
The judge refused to dismiss the case. That keeps it alive but does not decide who is right.
Is there a Delta settlement?
No settlement or claim form exists.
Which court is hearing the case?
The U.S. District Court for the Eastern District of New York, under case number 1:25-cv-04608. Simple Flying reports the ruling came from Judge Ramon E. Reyes Jr.
This article is for general information and is not legal advice. The claims described are allegations, and Delta may respond in court.
Read the Complaint
Read the class action complaint in Meyer v. Delta Air Lines, Inc. (E.D.N.Y., filed August 19, 2025) below.
