orbitmic

No.

Often1

This notion that people should "just sue" without a claim is exactly what's wrong with our legal system.

Bottom line is that the absolute most OP gets if he were to sue and win -- which he won't -- is some token for the value of 1/2-day of some workshop. No idea what that cost, but if it's a 2-day workshop, he gets 25% of what he paid. Can't be that much.

For those who think that AA won't defend, they simply don't understand. Operating businesses understand that they are marks. AA will gladly spend $2,600 to defend a $1,300 claim, particularly when some paralegal in Fort Worth can generate a removal notice to federal court -- as he likely does 100x/day.

All they or any carrier needs is some article about how easy it is to get a default, so they don't let it happen.

When do they settle? When they look at the facts and figure that customer service screwed up and should have paid earlier.

aves17

As a defense lawyer, I disagree with this wholeheartedly. Large companies constantly throw good money at bad money in these instances. The instances where parties walk away due to the cost of litigation are usually when you are dealing with small companies or companies who seek to protect their reputation among their customers (i.e., the customer is always right approach, so let's do what we have to to make them happy even though they've filed this suit) - not when you're dealing with large companies like AA. Not to mention most firms will cut big clients a break on small claims cases because they know they will make up the time/money in other bigger matters.

formeraa

First, let me state that I am not a lawyer.

Second, when we schedule travel, we must accept that things will occasionally go sideways. If they do, we must make a rational, informed decision as to how to proceed. You can always declare "a trip in vain" and get your money back at some point, if you are not going to make a 1-day workshop/conference/wedding/event. In the future, if you NEED to be at such an event, please consider leaving the day before to try to avoid this type of situation.

I would suggest politely contacting customer service, succinctly explaining the situation, and asking for adequate compensation.

garykung

IANAL.

IMHO, if I were the OP, I would still file the case even I have no chance to win. Once the case has filed, unless both sides settle, only the court has the final say on the merits. It is within OP's rights to do whatever he/she wants regardless what we all said here. But bottom line, only a judge can say OP has a case or not.

Also, filing a case does not mean starting a war. In fact, in many instances, the filing actually helps bringing both sides to the same table to work out the problems. And many companies work out problems with the plaintiffs regardless of merits.

However, OP should keep in mind a key point - being reasonable. Of course, airlines could potentially cost you ToDs for something really stupid. It does not mean you are entitled to recover those ToDs spent. If OP believes that he/she is entitled for IDB compensation, IMHO, this should be the amount in question, nothing more and nothing less.

Absolutely not.

1. Through Discovery. However, discovery rules for Small Claims courts are more trickier than typical litigation.

2. You are not due IDB compensation anyway as the route serves by an exempted aircraft.

ADA (Airline Deregulation Act) preempts all state claims related to prices, routes, or services of an airline.

FWAAA

Should have taken the $200 voucher, as AA owes you nothing.

As others have said, no. You have no case, not in small claims court nor federal district court.

Situations like these are learning opportunities. If it's really important to be there, then getting there the evening before is the best advice.

HMPS

To all who " chided" OP for going on the DAY OF, one has to consider the time lost at work due to travel day before, hotel, meals, car expenses over and above Day of event has to be factored in, the company or person may not allow this.

A follow up question

For those more experienced, does AA or other airlines retaliate against those who sue them viv a vis, cancel their FF account ?

SpaceCoastBill

Even if you file in small claims court, the other side still has option to ask for the case to go to a civil division court. This makes it possible for their lawyers to be involved (no lawyers are permitted in small claims court).

Now that your case is in civil court, you will most likely going to need to hire a lawyer. If you can find one to take this case, be ready to shell out money.

Then when you loose, AA's lawyers now ask the court for reimbursement of court and attorneys fees.

Be ready to shell out more money.

All I can say is, don't do it. If you do, let us know how it works out so we can tell you we told you so.

aves17

Just out of morbid curiosity, which state are you referring to where a small claims court doesn't permit attorneys to appear?

HMPS

IL for one.

aves17

Edit: It does appear California has such a provision whereby lawyers are not allowed in small claims hearings, so I stand corrected. Learn something new everyday.

Dr. HFH

IAAL.

Speaking only of Massachusetts, the defendant (AA in this case) does not have to show up in small claims court. If a defendant loses in small claims court, even by default, s/he/it has the right to remove the matter to the regular civil court for a trial de novo, as if the small claims court had never heard the matter. To be clear, however, I am not giving anyone legal advice; and you should not rely on this as legal advice. If someone sues you, in any court, you should talk to an attorney as soon as possible in order to preserve your rights under the law.No.The information is available to the public, but I'm just not sure where. In any case, it doesn't matter. Lots of flights on small aircraft are or become weight-restricted. Depends on pax load, freight load, checked baggage load, weather (including air temperature), etc.A flight can become weight-restricted at the very last minute. I'm sure that AA intended to fly you when it sold you the ticket.In most states, though apparently not Illinois, attorneys can appear in small claims court, if for no other reason than that corporations cannot represent themselves because while a corporation is a legal "person," it's not an actual person. The President/Chairman/CEO/etc. of a corporation is an employee, but not the corporation, itself. In Massachusetts, corporations are required to be represented in court by an attorney.Courts in the U.S. operate on the American system, surprisingly enough, under which everyone pays their own attorney fees unless there is a specific statute or provision in a contract which provides otherwise.

ucfjoe

I took a hotel (Kimpton) to small claims court. Well actually I just filed it and got a nice call from area manager and settled. My reason for doing it was in no way worth my time and I wasn't looking for a windfall deal but i took it personally and I had some free time coming up so I did it as an experience.

Now my case was a bit different from the OP's, I didn't ask to cover any out of pocket costs or my own time (lost) and I had good evidence of the problem as well as the hotel managers moronic emails that weren't very nice so I got an apology from the regional manager and a free hotel stay (more than I asked for) and some comped nights in the future which I never used.

Point being, if you think you have a good case (doesn't appear you do) and you're willing to waste a day of your own time and not be reimbursed it's a good experience to see how the process works.

I'm also the only (non-lawyer) person I know that has successfully beaten a speeding ticket and helped a few of my neighbors do the same by giving them my research.

Think of it as changing your own oil or mowing the grass.

SpaceCoastBill

AZ.

Who Can File a Small Claim?

The small claims court can be used by any individual, partnership, association or corporation for civil claims that do not exceed $3,500. Small claims cases are simplified, therefore, lawyers are not allowed.

SpaceCoastBill

Attorneys fees and court costs are recoverable for some lawsuits. This would be one if it were to go.

And corporations are required to appear in AZ. I sued a health care clinic in small claims court after they mishandled a blood sample and negligently told me my kids life was in imminent danger. I simply had to serve their statutory agent. All corporations are required to have one for legal process.... such as this.