UAL is going to get a judgment against it no matter what - it loses. Dao was involuntarily removed. UAL can argue that Rule 25 caps damages, but that argument isn't worth making either. Aside from the beating, what are Dao's damages? UAL will gladly pay that.
If this case plays out on a timeline similar to Nader or that Illinois Supreme Court judge, we'll have a final answer ten years from now.
Pain and suffering? I can see a Cook County jury going crazy on that and jumping through any hoop to get there.
I disagree with the article that United would avoid a trial on reputation grounds, they never gave a damn about that before, but discovery in a corporation like United would have to be avoided. That would leak no matter the restrictions.