I also had the same thought. My second thought was that this is a very unlikely story. The bags are scanned BEFORE they are put on the plane. Assuming that the act was as listed, the tape would have been exposed to:
external handling and bumping being loaded on to the plane
extreme cold temperatures while at altitude - further reducing the ability of the tape to hold.
external handling and bumping during off load and transport vial baggage handling
Is it possible that this was added after the bag was delivered so as to provide cause for the lawsuit? What evidence do they have that their bag was returned in such a manner?
Actually, that was my point :-)
Well after the Nebraska hoax and many others and with your questions, it just may be a hoax. They likely know that involving Continental Airlines in major litigation might get them a quick and hefty settlement. Sure makes you wonder.
I’m sort of suspicious of this story.