The Supreme Court has declined to hear Simon v. Continental Airlines, Inc., Case No. 11-1150, a putative class action brought by frequent flier members against Continental Airlines, Inc.  Plaintiffs’ complaint alleged that Continental breached the terms of their frequent flyer agreements by unilaterally changing the terms of the agreements and charging more miles than advertised for reward tickets and tacking on extra fees.  The district court granted Continental summary judgment, holding that all of Continental’s actions were permitted by the frequent flyer program’s terms and conditions.  The Sixth Circuit upheld the ruling last year.  In their petition to the Supreme Court, plaintiffs argued that the case was of “exceptional importance” because millions of American belong to similar airline programs and that the Sixth Circuit’s decision was contrary to the Supreme Court’s opinion in American Airlines v. Wolens.  In response, Continental argued that there was “no federal question, circuit split or any other compelling reason” to warrant the Supreme Court’s review.  Continental further argued that the plaintiffs failed to cite a single contract term that was alleged ambiguous.  The Supreme Court denied the plaintiffs’ petition for a writ of certiorari without comment.