FlyerTalk Forums - View Single Post - Man pulled off of overbooked flight UA3411 (ORD-SDF) 9 Apr 2017 {Settlement reached}
Old Apr 19, 2017, 7:12 am
  #6242  
spin88
 
Join Date: Feb 2008
Programs: 6 year GS, now 2MM Jeff-ugee, *wood LTPlt, SkyPeso PLT
Posts: 6,526
Originally Posted by alanslegal
If you were offered $10,000,000 (or even a tenth of that) right now to end this court case, would you? or would you be willing to risk a guaranteed outcome so you can let a judge or jury decide your outcome and potentially rule against you, give you nothing and then order you pay United's legal fees which mind you, will be an easy $250,000 at that point.

Also remember that depending on the cost agreement with the attorney, especially in contingency based agreements, where it stipulates that the client must consider any reasonable offer AND if their attorney's advice is that offer is reasonable BUT the client refuses, s/he may be immediately liable to their fees under that agreement. So again, if a decent offer was on the table, the person is taking it! If not, not only do you risk an unfavourable court decision but also be liable to your attorney's fees at xx% of the offer amount.
American has not "looser pays" rule absent a few cases which will not apply to this case. So fees are not at issue, at most a few $$$ in costs. But punative damages are likely capped at 10x compensatory damages, and I can't see expecting to get more than $1-1.5M in compensatory damages, so the case has a value, likely $15M max.

My guess is that Dao ends up at around $10M gross. I think the risks to UAL presented by discovery as to "other similar incidents" as well as depositions of key policy makers such as Oscar will cause United to settle quickly, before they happen.

p.s. and I expect United to pay 100% of the settlement. Chicago will not roll-over easily, and the last thing United wants to do is have airport security feel that United can't be trusted. If the word gets out that United is trying to put liability onto the police, they will find the police and airports must less cooperative. Paying any liability of Chicago is just good business.
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