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Why United Was Legally Wrong to Deplane David Dao
newsweek ^ | 4/13/2017 | jens david ohlin

Posted on 04/13/2017 11:44:28 PM PDT by SteveH

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To: Fantasywriter

I thought I saw a quote from one of the passengers who recorded the incident saying that the guy was a pain in the ass.


141 posted on 04/14/2017 7:44:32 AM PDT by Alberta's Child
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To: Fantasywriter
...right up until they yanked him out of his seat...

Tell me...under those very same circumstances would they have had to yank you out of your seat?

And no,this ain't a trick question.

142 posted on 04/14/2017 7:51:20 AM PDT by Gay State Conservative (Deplorables' Lives Matter)
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To: ziravan

Clearly the policy will now be to increase the offer until you have enough takers. I am guessing this will also include folks at the gate who haven’t boarded yet. I fly a lot and still didn’t realize how often passengers were involuntarily denied boarding. 41,000 or so last year in United. Other airlines had plenty as well.


143 posted on 04/14/2017 7:52:15 AM PDT by cornfedcowboy
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To: Alberta's Child
When someone in a law enforcement capacity tells you to do something, you do it unless you're being told to do something illegal or morally objectionable.

I'll take your statement a step further...when a cop tells you to do something,regardless of how unfair/unjust/illegal you think it is,you do it unless doing so would risk the life or limb of yourself or others.

And then,when the dust has settled you consult a lawyer regarding what legal options you might have.

144 posted on 04/14/2017 7:56:29 AM PDT by Gay State Conservative (Deplorables' Lives Matter)
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To: Gay State Conservative

I’m not a dr. I wouldn’t have had to see patients at 8 the following morning. There was a post yesterday explaining what happens to a dr who doesn’t show up to make his rounds. Dao couldn’t afford that. He was contractually entitled to his seat [by United’s very own ToS]—and his livelihood depended on it.


145 posted on 04/14/2017 7:58:42 AM PDT by Fantasywriter (Any attempt to do forensic work using Internet artifacts is fraught owith pitfalls. JoeProbono)
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To: SoFloFreeper

Am I mistaken that the man would NOT have had a leg to stand on (no pun intended) if the airline had NOT allowed him to board?


I believe this is correct. Also much easier to keep a passenger from going through the gate rather than physically remove him from his seat.
The term is known as IDB(Involuntarily Denied Boarding). The airlines legally can do this and is more common than you might think. In this case it appears that the Dr. was already boarded. Thus the legality comes in to question. More importantly the PR becomes a nightmare.


146 posted on 04/14/2017 8:01:35 AM PDT by cornfedcowboy
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To: cornfedcowboy

A better policy would be to simply issue non-refundable tickets so the idiotic practice of overbooking flights disappears.


147 posted on 04/14/2017 8:01:37 AM PDT by Alberta's Child
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To: Catmom

Hey, I work there! The only time we drag people off is for talking in the quiet car and refusing to shut up.

Employees can stand in the café.


148 posted on 04/14/2017 8:03:10 AM PDT by Raymann
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To: cornfedcowboy
In this case it appears that the Dr. was already boarded.

The story as I understand it is that the passenger and his wife voluntarily left the aircraft, then re-entered and went back to their seats after learning that the next flight to Louisville wasn't scheduled until the next day.

I suspect this was why the airline personnel took the extraordinary step of calling the police, since this was probably deemed an "unauthorized entry" at that point.

149 posted on 04/14/2017 8:04:16 AM PDT by Alberta's Child
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To: Fantasywriter

United made its own terms of service guidelines/rules. They then broke those terms of service egregiously in dealing with Dao.


It is amazing to see when lawyers get involved with the fine print. Some legal questions that can only be decided by a judge or jury: Was Dao boarded or is the boarding not completed until the gate is closed? Was it a lawful order to order him off of the plane? Was he breaking the law by not following crew members orders?


150 posted on 04/14/2017 8:14:54 AM PDT by cornfedcowboy
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To: Fantasywriter
There was a post yesterday explaining what happens to a dr who doesn’t show up to make his rounds.

I worked at one of the world's most famous hospitals for 20+ years.I know what happens (and doesn't happen) on those rare occasions when a physician/surgeon fails to make rounds.

And it doesn't include losing his livelihood.

Unless,of course,the disciplinary action taken by the Commonwealth of Kentucky against him for illegally providing his gay boyfriend with oxys (you know,the thing that got him his felony conviction and the revokation of his medical license) contained special requirements.

And BTW...it's a 5 hour drive from Chicago to Elizabethtown,KY.He could have driven.

Bottom line....Not a nickel.

151 posted on 04/14/2017 8:15:12 AM PDT by Gay State Conservative (Deplorables' Lives Matter)
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To: SteveH

The United Airlines fiasco is slow in becoming history because the actions by United Airlines from the CEO on down show their disdain for passengers and the public at large.

What United Airlines did to Dao reminds people of how our Government can use their power to mistreat citizens.

United Airlines had a problem and instead of creatively solving the problem, they went into jackboot mentality mode by calling in the thugs to beat the crap out of a passenger.

Then afterwards United Airlines CEO Munoz (who really needs to be fired) showed his hatred of passengers and the public at large by congratulating the UAL employees for a job well done in ordering the beating of a passenger.

As someone wrote earlier: “What else could UAL have done wrong?”


152 posted on 04/14/2017 8:17:14 AM PDT by Presbyterian Reporter
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To: Alberta's Child
I suspect this was why the airline personnel took the extraordinary step of calling the police, since this was probably deemed an "unauthorized entry" at that point.

If,by chance,this is what happened then that would,it seems to me,mean that he relinquished his rights under any "contract" he might have originally had with United.

And at that point his re-entering the plane could,IMO,be seen as unauthorized entry/trespassing which,when a commercial aircraft is involved,becomes a security issue.

153 posted on 04/14/2017 8:20:57 AM PDT by Gay State Conservative (Deplorables' Lives Matter)
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To: cornfedcowboy

‘Was Dao boarded or is the boarding not completed until the gate is closed?’

This question was answered in the article at the top of the thread. Did you read it?

The crew was ***supposed*** to be culling 4 volunteers to yield their seats. Why they became fixated on Dao and Dao alone makes no sense. Another couple had volunteered, but they wanted more $. Evidently United’s policy is to save a few paltry dollars by forcing a dr to jeopardize his livelihood.


154 posted on 04/14/2017 8:22:44 AM PDT by Fantasywriter (Any attempt to do forensic work using Internet artifacts is fraught owith pitfalls. JoeProbono)
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To: Gay State Conservative

So even with disciplinary issues in his past, Dao could have blown his patients/rounds off without repercussions?

That’s not what the poster said yesterday. And since he/she had less of an ax to grind than you, I’m going with them.


155 posted on 04/14/2017 8:26:28 AM PDT by Fantasywriter (Any attempt to do forensic work using Internet artifacts is fraught owith pitfalls. JoeProbono)
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To: Alberta's Child

again, you avoid a direct answer, as in

The Dr erred in that he ..................................................... “

you keep repeating if this, and if that, making analogies

WHAT DID THE Dr do???

Can’t you answer a direct question with a direct answer?


156 posted on 04/14/2017 8:30:38 AM PDT by Wuli
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To: Alberta's Child
The story as I understand it is that the passenger and his wife voluntarily left the aircraft, then re-entered and went back to their seats after learning that the next flight to Louisville wasn't scheduled until the next day.

I would think that the airlines would have more control over who could get onto a plane. I haven't seen anything suggesting the police were called in because an unauthorized person had entered the plane.

157 posted on 04/14/2017 8:31:00 AM PDT by Wissa (I took a little stroll to the Red Dog Saloon.)
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To: Gay State Conservative

How was it unlawful since Dao still had his boarding pass?

You do know what a boarding pass is, right?


158 posted on 04/14/2017 8:34:47 AM PDT by Fantasywriter (Any attempt to do forensic work using Internet artifacts is fraught owith pitfalls. JoeProbono)
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To: Fantasywriter
It's probably a good idea to steer clear of the details of this story right now because so many of the initial reports turned out to be completely incorrect.

Why they became fixated on Dao and Dao alone makes no sense.

It makes no sense because there may have been a reason for it that hasn't been covered extensively in these discussions. I've seen a few reports that could explain it (I don't know if either of these are true):

1. He and his wife initially left the aircraft "voluntarily" but re-entered it after they learned that the next flight wasn't scheduled until the following day.

2. He was not a regular United customer and was flying on a steeply discounted ticket, so the airline didn't care about pissing him off.

159 posted on 04/14/2017 8:35:36 AM PDT by Alberta's Child
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To: Wuli
He should have gotten his ass off the plane -- like tens of thousands of people do every year when they're flying commercial flights.

Is that too hard to understand?

160 posted on 04/14/2017 8:37:35 AM PDT by Alberta's Child
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