Old Apr 16, 17, 8:09 pm
  #6028  
prestonh
 
Join Date: Jan 2007
Location: Bellingham/Gainesville
Programs: UA-G MM, Priority Club Platinum, Avis First, Hertz 5*, Red Lion
Posts: 1,836
Originally Posted by fastair View Post
Funny how AA just changed their CoC this week to protect you from IDB once boarded. One would think posters have info different from how the DoT has enforced this in the past, how AA has defined the IDB rules before this change, how professors of aviation have stated that it falls under IDB, how the mainstream major media has qualified it as an IDB. Remember who the regulators are, they are NOT a group of lawyers practicing mock court, but are the DoT. And I'd look up the DoT refs, compare them to the airlines CoC, and look for differences. Pre-AA change this week, other than adding the name of the carriers to the individual CoCs, the wording has been the same, as they are all cut and pasted from the DoT. I can't guarantee I'm right anymore than you can. This thread reference a group of lawyers interpretation that has not been tested in an enforcement case yet. As such, my advice is to not rule out the historical use by both airlines and the DoT, that removal after seated for oversales, DOES fall under the IDB regs. If you think it doesn't, be open to the fact that this view has not been tested yet. Remember, JDs argue on both sides of just about every court case. 50% of them are ruled against. I think dao's atty is considered at the top of his field, yet he didn't question this at all in his appearance, let alone state it as a fact. Do you think his team believes with 100% certainty that you are correct?
Your CEO didn't seem to leave much doubt in his statement "We are not going to put a law enforcement official onto a plane to take them off to remove a booked, paid, seated passenger. We can't do that."

After the congressional hearings start don't you think the DOT is going to review all of UA's IDB and VDB practices and issue some sort of fine and change in practice? don't you think that is why there have already been changes put in place by the other carriers? Do you really think that UA wants their CofC litigated in court, particularly when they have physical blood on their hands? The DOT is a regulator that can have pressure/legislation applied by congress just like any other alphabet agency, I wouldn't rule that out after this incident. Trump wasn't impressed.
prestonh is offline