Read UA's motion to dismiss. Pretty standard stuff really.
12(b)1
Standing
UA is positing that Lagen has not shown any injury since 2012 and therefore cannot sue. Lagen can simply book a ticket on united to cure this I think
12(b)6
Contract
point one
contract expressly allows changes = no breach. This is basically what we have been discussing on here.
Point 2
three quasi-contract claims
good faith and fair dealing
unjust enrichment
specific performance
Argument 1 deregulation act preempts all claims. I am not buying this argument as state contract law claims have gone through before. I think this is the weakest argument in the motion
Argument 2 the expressed contract preempts all quasi-contract claims
I think this is the strongest argument here. There is an expressed contract, therefore the quasi-contract claims of good faith and unjust enrichment are precluded.
in order sustain these claims, Lagen I think needs to plead that United intended to act outside of the expressed contract.
Also IL may not have a cause of action for breach of good faith and fair dealing as such that may not be allowed to stand on its own.
Argument 3
Specific performance is remedy not a claim. This is closest to a no-brainer that the motion pleads. It's a remedy not a claim.