UPDATE (March 15, 2009): Class Counsel reached a settlement with World Airways, Inc. and Capitol Indemnity Corporation. 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.

Class Counsel has reached a proposed settlement with World Airways, Inc. and Capitol Indemnity Corporation. The settlement resolves a class action lawsuit concerning whether Ritetime Aviation and Travel Services, Inc. and World Airways, Inc. wrongfully failed to transport passengers between Nigeria and the United States on or after December 28, 2003. World Airways, Inc. (“World Airways”), Ritetime Aviation and Travel Services, Inc. (“Ritetime”), Dr. O. Peter Obafemi and Capitol Indemnity Corporation (“Capitol Indemnity”) are the Defendants in this lawsuit. If you had a ticket that you bought before January 31, 2004 for a flight on or after December 28, 2003 for travel in either direction between the United States and Lagos, Nigeria on World Airways, and World Airways did not fly you on its aircraft as scheduled, you may be entitled to compensation and your rights may be affected by the settlement of a class action lawsuit.

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.

In order to make a claim, you must submit a completed Claim Form along with a copy of your World Airways ticket (or alternative proof as described in the Class Notice), a Release and an Affidavit.

If you wish to make a claim, please submit your claim as soon as possible. If you wish to object to this settlement or opt out of the settlement, you must do so by August 20, 2008.

The documents on this page contain further information about the class action, the settlement and the steps you must take in order to make a claim, object or opt out of the settlement. Please read all of these documents carefully. If you are a potential class member, your rights could be affected by the settlement even if you choose to do nothing.Please download and read the following documents carefully in connection with your claim. It contains important information on what you must do to submit a claim.