Nice article you found.
http://www.cnn.com/2017/04/11/opinions/i-got-bumped-from-a-flight-then-i-sued-opinion-stone/
‘Judging from the video, which may not tell the full story, it doesn’t look like the people who escorted the United passenger off his flight gave him the immediate written instructions they are required to do by law. It also does not look like they told him about his compensation rights.’
Since they didn’t follow procedure, it just might be enough for a judge that even though they don’t like disrespect for authority (who are out of uniform in jeans and a jacket) like sloppiness and not informing the public of their rights even less.
If I'm UAL, I'd consider making delivery of that written plicy becomes part of the check-in, ticket purchase ordeal, just to make sure EVERYBODY gets the writtten notice, and relieve the employees of the case-by-case burden. Similar to car rental, you get a few pages of fine print.
-- Since they didn't follow procedure, it just might be enough for a judge that even though they don't like disrespect for authority (who are out of uniform in jeans and a jacket) like sloppiness and not informing the public of their rights even less. --
I just don't think the court is going to credit Dao with a right to stand his ground contrary to an order from the flight crew. Like when the judge tells you to shut up, he'd rather you shut up so he doesn't have to order the bailiff to cart you away for contempt.
You may have noticed, in that article, Stone says the airline has the power to remove you from your seat. I don't see that rule changing on account of Dao. When the airline screws up, the person on the other end of the screwup is entitled to money damages.
The flight crew is in uniform. Dao refused to follow flight crew instructions. The judge likely prefers passengers to follow flight crew instructions, even if the flight crew is breaching the contract. I don't think the fact that the goons had to be called works in Dao's favor with most judges. It may fly with the jury, depending on how the arguments are delivered.