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)
Interesting but wasn’t that case just about the damages resulting from being bumped?
Nothing about assault and battery.
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.
“...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.