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That United flight wasn’t even “overbooked” — and that matters legally
Hotair ^ | 04/14/2017 | Cynthia Than

Posted on 04/14/2017 10:48:36 AM PDT by SeekAndFind

The fact that the flight was not overbooked may seem trivial, or pedantic, but there is very important legal distinction to be made. There may not be a difference in how an airline (typically) responds when it needs additional seats, such as asking for volunteers who wish to give up their seat for a voucher or cash. But there is a legal difference between bumping a passenger in the instance of overselling a flight versus bumping a passenger to give priority to another passenger. Any thoughtful person can see the problem that arises if an airline were allowed to legally remove one fare-paying passenger to allow for another passenger it prefers.

Since the flight was not actually overbooked, but instead only fully booked, with the exact number of passengers as seats available, United Airlines had no legal right to force any passengers to give up their seats to prioritize others. What United did was give preference to their employees over people who had reserved confirmed seats, in violation of 14 CFR 250.2a. Since Dr. Dao was already seated, it was clear that his seat had already been “reserved” and “confirmed” to accommodate him specifically.

A United Airlines spokesperson said that since Dr. Dao refused to give up his seat and leave the plane voluntarily, airline employees “had to” call upon airport security to force him to comply. However, since the flight was not overbooked, United Airlines had no legal right to give his seat to another passenger. In United Airline’s Contract of Service, they list the reasons that a passenger may be refused service, many of which are reasonable, such as “failure to pay” or lacking “proof of identity.” Nowhere in the terms of service does United Airlines claim to have unilateral authority to refuse service to anyone, for any reason (which would be illegal anyway).



TOPICS: Culture/Society; News/Current Events
KEYWORDS: aviation; overbook; ual; unitedairlines
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To: Gamecock
THEY HAVE EVERY “LEGAL RIGHT” TO REMOVE ANYONE FROM AN AIRPLANE FOR ANY REASON_ EVEN IF THE PILOT JUST DOES NOT LIKE THEM

Jackie begs to differ: "That's totally inappropriate. It's It's outrageous, egregious, preposterous!"

161 posted on 04/14/2017 12:58:52 PM PDT by Theophilus (Repent)
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To: Theophilus; SaveFerris

Hopefully the good doctor doesn’t settle for all the free peanuts he can eat!


162 posted on 04/14/2017 1:02:45 PM PDT by Gamecock (Twitter: What a real democracy looks like.)
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To: castlegreyskull

Since you brought up that case, I’ll have to comment on it. Most coaches said that the Patriots got no advantage from the taping. The issue wasn’t the taping, but the position of the camera. Coach B was heavily fined because he was the GM as well as the coach, and he was explicitly told not to use that particular camera position in writing. He thought he had a loophole and that it was a trivial matter.


163 posted on 04/14/2017 1:05:50 PM PDT by Moonman62 (Make America Great Again!)
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To: Fantasywriter

keyboard spew alert


164 posted on 04/14/2017 1:05:56 PM PDT by SteveH
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To: SeekAndFind

Has anyone checked with the Las Vegas odds-makers as to who will end up with the most money in a DAO vs UAL jury trial or DAO vs UAL pre-trial settlement?

We seem to have several FReepers siding in favor of UAL.

Will they also be willing to take UAL’s side in a bet?


165 posted on 04/14/2017 1:06:04 PM PDT by Presbyterian Reporter
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To: Pollster1

what i was saying stores use to have signs saying we can refuse service to anyone.i don’t know about planes


166 posted on 04/14/2017 1:06:58 PM PDT by old gringo (a wise monkey never monkeys with another monkeys monkey.)
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To: Mr. K

Just for starts, the pilot was completely uninvolved because the aircraft was on the ground. This was all the action of the ground crew.

Both the Federal law under which the airlines operate and the Contract of Carriage are legally binding and do matter.

The airlines and their employees are NOT some kind of sovereign country and free to do just as they please.


167 posted on 04/14/2017 1:16:44 PM PDT by Locomotive Breath
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To: Moonman62

That wasn’t really my point, I know why Coach Belechik got fined.

My point was that the Judge ruled that all the NFL was required to do was provide a seat for that fan to watch a game, and that it was clearly honored. Why would there be a different set of rules for the airline industry in regards to paying to use a seat for a particular time?

Obviously, when this gets to court, I doubt they will use this case for precedent, but I brought it up because it is the first one that popped into my mind, and many football fans aware of the outcome.


168 posted on 04/14/2017 1:16:45 PM PDT by castlegreyskull
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To: Mr. K

His assault lawsuit will trump "legal right."

169 posted on 04/14/2017 1:16:56 PM PDT by bgill (CDC site, "We don't know how people are infected with Ebola")
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To: Mr. K

Contract Carriage rules signed by Hague Conventions under ICAO Statues for air flights... read them shitheel... They cannot remove you involuntarily for any reason... with compensation... Dr. Doa was never offered any compensation nor accepted it.

Gate Agents own the passengers till the beacon is turned on and door closed

Gate Agent is going to jail as are the Airport Police....


170 posted on 04/14/2017 1:17:37 PM PDT by Article10 (Roger That)
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To: SeekAndFind

I know it wasn’t overbooked, and the airlines knows too. the media deliberately and intentionally started broadcasting the lie that it was overbooked and need their a$$es reamed.


171 posted on 04/14/2017 1:18:39 PM PDT by I want the USA back (Islam mandates warfare against unbelievers and is absolutely incompatible with Western society.)
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To: ichabod1

Yes, 60% of the people in the world live in Asia...although the term “Asian” may or may not include “Middle Eastern.”


172 posted on 04/14/2017 1:23:02 PM PDT by Verginius Rufus
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To: Mr. K

Hey, stupid airline with the stuck caps lock, no sensible passenger will ever buy a ticket in the knowledge they can be forcefully tossed off the plane just because you feel like it.

I don’t gives a rat’s behind what your excuse or “legal right” is. If you can’t manage a transport business any better than that you deserve to go out of business.

It is also more than a little disturbing how some people get off on an authority fetish. Brute force is an ugly thing.


173 posted on 04/14/2017 1:26:45 PM PDT by hopespringseternal
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To: hopespringseternal

Agreed.


174 posted on 04/14/2017 1:27:21 PM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: Presbyterian Reporter
Has anyone checked with the Las Vegas odds-makers as to who will end up with the most money in a DAO vs UAL jury trial or DAO vs UAL pre-trial settlement?

You kidding? Lawsuit would be filed in Cook County (Chicago) with a Cook County jury and he's represented by the best personal injury lawyer in town.

You need to watch his full press conference, he weaves a tale better than George R. R. Martin and had the press enthralled.

He may very well go to trial just to get discovery and disclose it and bet on him getting the airline through the jury.

175 posted on 04/14/2017 1:27:38 PM PDT by Snickering Hound
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To: Republic_Venom

Would like to see him take enough money for injuries but demand a change in UA’s operating procedures.


176 posted on 04/14/2017 1:37:14 PM PDT by Locomotive Breath
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To: Gamecock

"You put the balm on? Who told you to put the balm on? I didn’t tell you to put the balm on. Why’d you put the balm on?"

177 posted on 04/14/2017 1:41:15 PM PDT by Theophilus (Repent)
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To: rwilson99

I agree with you. The flight crew obviously picked this guy out for a beating. He obviously deserves the lawsuit lottery payday you want him to receive. Hopefully someday you can be so lucky.


178 posted on 04/14/2017 1:43:10 PM PDT by E. Pluribus Unum (Some people consider government to be a necessary evil, others their personal Ponzi scheme.)
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To: Snickering Hound
I figured the so-called police in this UA issue didn't have the authority to arrest anybody.

I don't know what I would have done in that situation. My biggest pet peeve is ignorant authority and I've been a fighter my whole life. I just don't take crap from anybody. I would hope eventually to mellow out but at 57, perhaps not. :-)

I've run through in my head what I might have done in that situation and all scenarios turn out ugly. I guess it depends: would I ever want to fly again?

179 posted on 04/14/2017 1:48:51 PM PDT by scripter
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To: Moonman62

Is his prior conviction relevant to the merits of his potential claim with United? Sounds a bit Orwellian to me.


180 posted on 04/14/2017 1:51:51 PM PDT by SecAmndmt (Arm yourselves!)
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