Orbitz 2010 Annual Report Download - page 28

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allege, among other things, that we violated the jurisdictions’ hotel occupancy tax ordinance. While not
identical in their allegations, the cases generally assert similar claims, including violations of local or state
occupancy tax ordinances, violations of consumer protection ordinances, conversion, unjust enrichment,
imposition of a constructive trust, demand for a legal or equitable accounting, injunctive relief, declaratory
judgment, and in some cases, civil conspiracy. The plaintiffs seek relief in a variety of forms, including:
declaratory judgment, full accounting of monies owed, imposition of a constructive trust, compensatory and
punitive damages, disgorgement, restitution, interest, penalties and costs, attorneys’ fees, and where a class
action has been claimed, an order certifying the action as a class action.
An adverse ruling in one or more of these cases could require us to pay tax retroactively and
prospectively and possibly penalties, interest and fines. The proliferation of additional cases could result in
substantial additional defense costs.
City or County Filing
Litigation
Date Litigation
Instituted Court Where Litigation is Pending
City of Los Angeles, California* December 30, 2004 Superior Court for the State of California,
County of Los Angeles
City of Findlay, Ohio October 25, 2005 United States District Court for the
Northern District of Ohio
City of Chicago, Illinois November 1, 2005 Circuit Court of Cook County, Illinois
City of Rome, Georgia* November 18, 2005 United States District Court for the
Northern District of Georgia
City of San Diego, California February 9, 2006 Superior Court for the State of California,
County of Los Angeles
Case was coordinated with the City of
Los Angeles case (above) on July 12,
2006
Orange County, Florida March 13, 2006 Ninth Judicial Circuit in and for Orange
County, Florida
City of Atlanta, Georgia March 29, 2006 Supreme Court of Georgia
City of Charleston, South Carolina April 26, 2006 United States District Court for the
District of South Carolina
City of San Antonio, Texas** May 8, 2006 United States District Court for the
Western District of Texas
Town of Mt. Pleasant, South Carolina May 23, 2006 United States District Court for the
District of South Carolina
Case was coordinated with the City of
Charleston case (above) on April 26, 2007
Columbus, Georgia June 7, 2006 Superior Court of Muscogee County,
Georgia
Lake County Convention and Visitor
Bureau and Marshall County, Indiana*
June 12, 2006 United States District Court for the
Northern District of Indiana
Cities of Columbus and Dayton, Ohio August 8, 2006 United States District Court for the
Northern District of Ohio
Case was consolidated with the City of
Findlay case (above) on November 6,
2007
City of North Myrtle Beach, South
Carolina
August 28, 2006 United States District Court for the
District of South Carolina
County of Nassau, New York* October 24, 2006 United States District Court for the
Eastern District of New York
28