Update-September 5, 2011. Magistrate Judge Go of the United States District Court for the Eastern District of New York has made a ruling affirming the settlement reach by Class Counsel with World Airways, Inc. and Capitol Indemnity Corporation on January 22nd, 2008 and denied the fee claims of Benjamin Okeke, Esq. Read Magistrate Judge Go's finding.Report and Findings of Magistrate Judge Go -
Hopefully, Mr. Okeke will take no further action to delay the settlement.

Class Counsel reached a settlement with World Airways, Inc. and Capitol Indemnity Corporation on January 22nd, 2008. The settlement resolves a class action lawsuit concerning whether World Airways, Inc. wrongfully failed to transport passengers between Nigeria and the United States on or after December 28, 2003. The settlement agreement was approved by the Court in December 2008. Unfortunately, shortly thereafter the settlement was appealed by Benjamin Okeke, Esq, an attorney seeking fees from the settlement. The appeal was filed before the UNITED STATES COURT of APPEALS for the SECOND CIRCUIT. The Second Circuit ruled on March 10, 2010. In its decision, the court found that the settlement was not "unreasonable or its approval an abuse of discretion" and affirmed the district court's order approving the settlement. However, the Second Circuit found that the district court failed to provide sufficient grounds for its orders granting plaintiff's class counsel's fees and denying fees and costs to Okeke and remanded the case to the district court for further findings. Plaintiffs' class counsel believes Mr. Okeke's claims have no merit. However, these issues must be resolved by the court. Unfortunately, the appeal filed by Mr. Okeke has lead to a significant delay to the distribution of the settlement amount to claiming class members.

The settlement provides for a maximum total fund of $3,485,000 to be paid to passengers meeting the requirements described in the Class Notice. If 2,050 or fewer people meet the requirements and file valid claims as described in this Notice, each qualifying passenger will receive $1,700. If more than 2,050 people meet the requirements and file valid claims, the $3,485,000 will be split equally among qualifying passengers. For example,if 2,500 people meet the requirements and file valid claims, each person will receive $1,394. The settlement also provides for payment of Plaintiffs’ attorneys’ fees and expenses.