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Class Action Federal Lawsuit Aginst Delta RE: Best Fares Available

Old Sep 9, 14, 6:54 am
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Date Filed # Docket Text
08/07/2014 1 COMPLAINT with Jury Demand; against Delta Airlines, Inc. by Darla Opper. ( Filing Fee PAID $400 receipt number 0757-1939172) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Civil Cover Sheet, # 9 Summons)(Shah, James)
08/07/2014 NOTICE Regarding assignment of this matter to Chief Judge William C Griesbach ;Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days;the consent/refusal form is available on our web site ;pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed (jcl)
08/07/2014 2 DISCLOSURE Statement by Darla Opper. (Shah, James)
08/08/2014 Summons Issued as to Delta Airlines, Inc. (mec)
08/20/2014 3 Refusal to Jurisdiction by US Magistrate Judge by Darla Opper. (Shah, James)
08/25/2014 4 SUMMONS Returned Executed by Darla Opper. Delta Airlines Inc served on 8/14/2014, answer due 9/4/2014. (Shah, James)
08/29/2014 5 Unopposed MOTION for Extension of Time by Delta Airlines Inc. (Smith, Renee)
08/29/2014 6 DISCLOSURE Statement by Delta Airlines Inc. (Smith, Renee)
09/02/2014 TEXT ONLY ORDER GRANTING 5 Unopposed MOTION for Extension of Time filed by Delta Airlines Inc., signed by Chief Judge William C Griesbach on 09/02/2014. The deadline for filing its responsive pleading is extended 14 days, until September 18, 2014. (cc: all counsel)(Griesbach, William)
09/18/2014 7 MOTION to Dismiss by Delta Airlines Inc. (Balassa, Gabor)
09/18/2014 8 BRIEF in Support filed by Delta Airlines Inc re 7 MOTION to Dismiss . (Attachments: # 1 Exhibit A - Best Fare Guarantee, # 2 Exhibit B - Best Fare Guarantee Claim Form, # 3 Exhibit C - Tabatabai v. West Coast Life Ins. Co, # 4 Exhibit D - Marine Travelift, Inc. v. Marine Lift Sys., Inc, # 5 Exhibit E - Tilstra v. Bou-Matic, LLC, # 6 Exhibit F - PNC Bank, N.A. v. Van Hoornaar, # 7 Exhibit G - NIIJII Entmt, LLC v. Troha) (Balassa, Gabor)
10/03/2014 9 Unopposed MOTION for Extension of Time by Darla Opper. (Shah, James)

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Class Action Federal Lawsuit Aginst Delta RE: Best Fares Available

Old Sep 13, 14, 3:04 pm
  #121  
 
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WhiskeyBravo,

1. I misspoke when I said "segment." It is really a fare break I'm thinking about. If you use one fare to get from AAA-XXX then that counts as "one" in my calculations, even if you have to connect to get between the two locations. This should handle the married segment issue, but perhaps not. I'm not sure if I fully understand how married segments work.

2. You have to check every combination of fares leading to F^n because a fare rule on a later segment may not be combinable with the earlier rule. You need to check all the combinations of rules for both "segments" to know for sure you have the lowest price combination.
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Old Sep 25, 14, 9:10 am
  #122  
 
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What's the latest?
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Old Sep 29, 14, 3:43 pm
  #123  
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Latest updates (as of 9/29/2014):

09/18/2014 7 MOTION to Dismiss by Delta Airlines Inc. (Balassa, Gabor)
09/18/2014 8 BRIEF in Support filed by Delta Airlines Inc re 7 MOTION to Dismiss . (Attachments: # 1 Exhibit A - Best Fare Guarantee, # 2 Exhibit B - Best Fare Guarantee Claim Form, # 3 Exhibit C - Tabatabai v. West Coast Life Ins. Co, # 4 Exhibit D - Marine Travelift, Inc. v. Marine Lift Sys., Inc, # 5 Exhibit E - Tilstra v. Bou-Matic, LLC, # 6 Exhibit F - PNC Bank, N.A. v. Van Hoornaar, # 7 Exhibit G - NIIJII Entmt, LLC v. Troha) (Balassa, Gabor)
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Old Sep 29, 14, 5:10 pm
  #124  
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Wow, reading the DL motions makes me wonder where the Plaintiff's lawyer got their degree. She didn't fill out the forms, and there's no way she could since she's basing her case off research nine months later, for different dates.

Legally speaking the motion to dismiss is a slam-dunk. I thought a lawyer would at least be smart enough to know the basics required for a case to go to court. When your own filings prove that you've not met the requirements you have problems. I could see DL asking for lawyer fees and that the court take action against the lawyer.
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Old Sep 30, 14, 6:49 am
  #125  
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Originally Posted by flyerCO View Post
Wow, reading the DL motions makes me wonder where the Plaintiff's lawyer got their degree. She didn't fill out the forms, and there's no way she could since she's basing her case off research nine months later, for different dates.

Legally speaking the motion to dismiss is a slam-dunk. I thought a lawyer would at least be smart enough to know the basics required for a case to go to court. When your own filings prove that you've not met the requirements you have problems. I could see DL asking for lawyer fees and that the court take action against the lawyer.
So long as paper will absorb ink, anyone can file a lawsuit.

It's very hard to get attorney's fees these days, and attorney discipline by a court is exceedingly rare.
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Old Sep 30, 14, 7:34 am
  #126  
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So how many hundred k do you think it cost Delta to have their attorneys do the research and file those motions?
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Old Sep 30, 14, 7:48 am
  #127  
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Originally Posted by rylan View Post
So how many hundred k do you think it cost Delta to have their attorneys do the research and file those motions?
Probably $60,000 in billables... HKer would know better though.
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Old Sep 30, 14, 8:16 am
  #128  
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Originally Posted by rylan View Post
So how many hundred k do you think it cost Delta to have their attorneys do the research and file those motions?
They probably had some of the groundwork laid when they rolled out the Best Fare Guarantee and put in all the fine print. Surely they consulted their lawyers throughout that process. But it wouldn't surprise me if they spent $100k on defending this so far. But DL and all similarly sized companies spend oodles on lawyers every year, it's just part of doing business.
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Old Sep 30, 14, 10:32 am
  #129  
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To the extent that in-house legal and paralegal staff can be used, even just for support, there's little additional cost to DL. For serious lawsuits, outside consel would of course have the major responsibility.
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