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-   -   Supreme Court Tosses Lawsuit by Disgruntled Frequent Flier (https://www.flyertalk.com/forum/delta-air-lines-skymiles/1565690-supreme-court-tosses-lawsuit-disgruntled-frequent-flier.html)

DelrayChris Dec 3, 2013 11:15 am


[Ginsberg] said the airline told him it took action in part because he allegedly sought compensation after booking reservations on full flights, knowing he would be bumped to another flight.
The guy is/was an incessant complainer who apparently "gamed" the system, knowing he would have cause to make complaints and ask for compensation.

Aside from that, the SCOTUS case is all about "whether the Airline Deregulation Act preempts claims against airlines alleging a violation of the implied covenant of good faith and fair dealing."

Will be interesting to hear how they rule.

javabytes Dec 3, 2013 11:28 am


Originally Posted by DelrayChris (Post 21895342)
The guy is/was an incessant complainer who apparently "gamed" the system, knowing he would have cause to make complaints and ask for compensation.

Aside from that, the SCOTUS case is all about "whether the Airline Deregulation Act preempts claims against airlines alleging a violation of the implied covenant of good faith and fair dealing."

Will be interesting to hear how they rule.

Nobody but the airline is responsible for the airline overselling flights.

The guy is clearly an excessive complainer, but the flow of compensation should have been stemmed long before DL/NW ever got to the point of cancelling his account because he received too much. A simple "we must respectfully decline your request for compensation" would have sufficed, but DL/NW let it get out of hand. That's like giving your kid a cupcake every time he asks ten times a day, and then 6 months later telling him it's his fault he's fat. You've taught him with every cupcake that when he asks for another, he'll get it. You've created the monster when you had the opportunity all along to quit (metaphorically) feeding it.

davisew Dec 3, 2013 2:14 pm

Transcript of the oral arguments for those who are interested.

baccarat_king Dec 3, 2013 2:23 pm


Originally Posted by davisew (Post 21896592)
Transcript of the oral arguments for those who are interested.


So if some airline really were crazy enough to systematically turn on its most lucrative and loyal customers, surely, the market would solve that. And, of course, if a bunch of airlines did it, the Department of Transportation stands ready to police that.

Jaimito Cartero Dec 3, 2013 2:48 pm

That's an interesting read.

I wonder how much DL has spent on this case?

JulienMSP Dec 3, 2013 2:59 pm

Interesting read at http://caselaw.findlaw.com/us-9th-circuit/1021505.html. While reading this, I discovered that several airlines have used the Airline De-reg Act to get out of paying all sorts of legitimate consumer claims and that recently the Supreme Court has been much better at making sure they dont' continue to do so.

jzumrick Dec 3, 2013 3:16 pm

Gaming the System
 
Perhaps he was gaming the system. A former airline Gate Agent told me about some people who playing the bumping rules for their benefit. He described an attorney who bought first class refundable fares for himself and his family during holiday periods with the intention of getting bumped. If he did not get a bump they would get their tickets refunded. If they were they would try for a second bump and on and on all day. They never did fly.

I could understand how an airline would cancel you account for that kind of behavior.

DaddyRabbit Dec 3, 2013 3:28 pm

Just Got Tired Of Him
 
Seems this guy does not know how to play nice. I'm fine with him not on any of of my DL flights.

hooverer Dec 3, 2013 4:18 pm


Originally Posted by Exec_Plat (Post 21895052)
...and I'll bet he has a legal brief with a caclulation on how many 'today miles' he should receive to equal the miles they took back then.

Just think about if the Rabbi had put that much analysis/calculation into figuring out that if you have an issue with 10% of your flights or 1 in 7 being a frequent flyer that perhaps you should not be checking your bags and thus have an issue. Otoh, perhaps the Rabbi did do just such a calculation or analysis and figured his odd's at a win were better than going to vegas ;).

Jaimito Cartero Dec 3, 2013 4:50 pm

I think we are all looking for ways to get benefits out of flying. I know I complained occasionally when I was a NW top tier. I know there were times, I certainly had problems 2-3 times per year.

Now that I think back, I should have complained more than I did.

Sez_Who Dec 3, 2013 5:37 pm


Originally Posted by jzumrick (Post 21896973)
Perhaps he was gaming the system. A former airline Gate Agent told me about some people who playing the bumping rules for their benefit. He described an attorney who bought first class refundable fares for himself and his family during holiday periods with the intention of getting bumped. If he did not get a bump they would get their tickets refunded. If they were they would try for a second bump and on and on all day. They never did fly.

I could understand how an airline would cancel you account for that kind of behavior.

Read about that one recently. Here's something similar...

Seems this elite had the brilliant idea to book multiple F fares, then cancel the tickets so she would be certain to receive UG's on her coach class fares. In this case, AA cut her off and sent her a bill for $20K....

http://elliott.org/blog/can-this-tri...es-want-20000/

readywhenyouare Dec 3, 2013 6:10 pm

Anyone have a photo of this guy? He should be the official face of the "How Much Compensation Did You Receive" thread. I hope he doesn't get a single Skypeso refunded.

225 Dec 3, 2013 8:34 pm

Complain too much, get kicked out
 
Rabbi fails in bid to sue airline for taking away his frequent flier privileges because he complained 24 times in seven months


http://www.dailymail.co.uk/news/arti...-24-times.html

MSPeconomist Dec 3, 2013 8:45 pm

I don't interpret the article as saying that the lawsuit has failed totally, especially since the last line says that a ruling is expected later. At best, some parts of the lawsuit seem to have been thrown out.

It's nice to see the NW 747-400s, WorldPerks logo, and other PMNW remembrances, including the photo with all the NW aircraft lined up and parked at gates, presumably at MSP.

readywhenyouare Dec 3, 2013 9:03 pm


Originally Posted by MSPeconomist (Post 21898696)
It's nice to see the NW 747-400s, WorldPerks logo, and other PMNW remembrances, including the photo with all the NW aircraft lined up and parked at gates, presumably at MSP.

I think the photo may have been taken at AMS as there is an EVA AIR 747 in the photo. To the best of my knowledge EVA AIR has never served MSP. Also, those are DC-10's in the foreground of that photo.


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