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To: kaehurowing
No punitive damages against United, punitive damages for bumping a reserved pasenger are preempted by the federal Airline Deregulation Act, and United didn't beat up Dao.

See William D. West v. Northwest Airlines, Inc., 999 F.2d 148 (9th Cir., 1993) for the "punitive damages for being bumped" angle; as well as Kalick v. Northwest Airlines Corp. (3d Cir., 2010)

50 posted on 04/14/2017 3:40:10 PM PDT by Cboldt
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To: Cboldt

Interesting but wasn’t that case just about the damages resulting from being bumped?

Nothing about assault and battery.


66 posted on 04/14/2017 3:48:36 PM PDT by Snickering Hound
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To: Cboldt

He wasn’t bumped. The plane was not overbooked. He was removed from the flight to make room for the airline’s employees. Punitive damages would be available.


131 posted on 04/14/2017 4:40:12 PM PDT by kaehurowing
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To: Cboldt

“...and United didn’t beat up Dao.”

True. But they would never the less be culpable if they created a situation where that was the result. Had actual law enforcement boarded then told Dao he was under arrest, we’d be talking about an entirely different situation.

Maybe that’s why United opted for airport security instead. They’d be more eager to engage and certainly ask fewer questions about the situation and the legalities involved.


186 posted on 04/14/2017 5:19:17 PM PDT by moehoward
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