Originally Posted by
chinatraderjmr
I did not mean it that way but I see where I might be misunderstood. (what i meant is airlines are such a great target for law suits that some really wont brew hot coffee) I think I'll change that. while I kind of admire him for at least putting his money where his mouth is, I still think its a waste of the courts time. We are just to litigious in this country. That's what I meant. If I thought he had a chance in hell, I'd back him but I don't see the point of filing suits that can't be won. IMHO of course.
OK, you have a valid position there. Maybe he is charging a windmill, but I do think this can be won. He has to prove:
1) UA led him to reasonably believe that they committed to provide a service in return for his spending. Specifically, CR-1s for life, for example.
2) This representation caused him damage. For this, he will have to prove that choosing to fly UA as opposed to flying someone else damaged him. I know I can do this easily in that I can show many examples of where I paid a fare much higher than a competitor offered for the same router and same timeframe.
3) Icing on the cake: UA (intentionally or not does not matter) misled him (evidence their web site saying this perk would remain unchanged) further causing damage.
I think the damages that are most appropriate are between the time of the WEB site note saying things would not change, to when they finally said they would change.
Originally Posted by
TheCount2
The plaintiff did do something stupid to himself -- he did not read his contract. It is linked below, and as we all know United can modify the program at its discretion. He got what he paid for, which is $$hundreds of thousands of travel, according to the linked article. He may be really angry, as I would be, but I don't see the grounds for a successful suit. I'm sure I'll get flamed, but that's my opinion.
http://www.united.com/web/en-US/cont...s/default.aspx
Yes, but all you have to prove is that UA misled him, that a reasonable person would agree they misled him, and that he was damaged as a result. To me, the first issue is pretty easy. The second, damages, is harder.