Oct 1, 2013, 3:03 pm
Last edit by: Ari
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• • • • •
[Please post
NLY status updates and relevant Q&A here.]Plaintiff: George Lagen, on behalf of himself and all others similarly situated
Defendant: United Continental Holdings, Inc. and United Airlines, Inc.
Filed In The United States District Court For The Northern District Of Illinois Eastern Division
Case No. 1:12-cv-04056
Filed: 05/24/2012
Judge Harry D. Leinenweber
Magistrate Judge Young B. Kim
Proposed class: All persons, as of midnight, December 31, 2011, who were members of the Million Mile Program under United Airlines’ Mileage Plus frequent flyer program.
Filings/rulings can be found on www.pacer.gov (requires registration)
12 June 2012 - Amended Class Action Complaint filed
Spring 2013 - Court denies United's request to close case
Spring 2013 - Plaintiff files for suit to become a class action, United asks Judge before he decides if there could be limited discovery (which typically happens after case becomes class-action). Judge allows it.
August 2013 - Depositions/Limited Discovery completed and transcripts were handed over to the court.
22 October 2013 - Pursuant to an order of the Court, both sides filed cross-motions for summary judgment:
Plaintiff contends that he is a United pre-merger Million Miler, that United promised Million Miler fliers certain lifetime benefits on its web site, including two regional upgrades every year and Premier Executive status, which provided certain delineated benefits (e.g., 100% mileage bonus). Plaintiff cites deposition testimony from United stating "lifetime" means: "as long as they were really able to fly … as long as someone is coming on a plane and alive and capable of flying." Plaintiff concludes by stating that United has breached its contract with its pre-merger Million Miler fliers by reducing the lifetime benefits they were promised.
United contends in its motion that Million Miler is part of the MileagePlus program, that United reserved the right to make any changes it wishes to the MileagePlus program, and that the changes it made that plaintiff now complains of are therefore contractually permissible. United does not admit, and does not address, the "lifetime" benefit statements that it made on its website.
23 January 2014 - Judge denies Plaintiff's motion for summary judgment and grants United's cross-motion for summary judgment. Judgment entered in favor of United.
The Judge begins his Opinion with a quote from Job: “The Lord giveth and the Lord taketh away” and then holds that Plaintiff has not produced any evidence that UA made him an offer to participate in a separate MM program.
The Court noted that: “The sum total of his evidence is vague references to ‘electronic and written correspondence’ from United, which, in both instances postdates his qualification as a Million Mile flyer and was not directed to him; and a 1997 Newsletter from United announcing the creation of the program he could not remember receiving. However the card he did receive from United, admitting him to MililionMile Flyer Program, shows that his new status is clearly a status within the Mileage Plus Frequent Flyer Program, as does the form letters United sent to applicants advising them of their admission to the MillionMile Flyer program. In fact, Plaintiff in his Complaint alleges that the MillionMile Flyer program was part of the Mileage Plus program. He has not produced any document that comes close to substantiating that the programs were separate and distinct."
Bottom line: The Court agreed with United's position that the Plaintiff had not proved the existence of a separate contract between itself and the Million Milers.
Full decision: http://media.wandr.me/MMerOpinion.pdf
20 February 2014
Plaintiff filed a notice of appeal of the trial court's decision. The record on appeal is due by March 13, 2014.
Appeal docs available at:
- http://media.wandr.me/UAL-MM-Appeal-filed-2-20-14.pdf
- http://media.wandr.me/UAL-MM-letter-of-appeal.pdf
8 September 2014
Oral arguments were heard by a three judge panel. Links to the original MP3 of the Court's recording and also some transcription can be found around post 2350 and for several more following that.
http://www.flyertalk.com/forum/23496499-post2361.html
22 December 2014
Affirmed over a dissent.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2014/D12-22/C:14-1375:J:Wood:aut:T:fnOp:N:1474449:S:0
Million Miler Sues United [Judgment for UA Jan 2014] Judgment Affirmed Dec 2014
Sep 6, 2013, 8:34 pm
#1697
Join Date: Jul 2004
Location: Chicago USA
Programs: *A Junkie, SQ PPS, Skywards Gold, 2 Million Mile Flyer;*wood LT Plat, BA MM
Posts: 1,762
Forget Premier Executive, it's GONE.
Million Mile Flyers were told they would get lifetime benefits, INCLUSIVE of Premier Executive in the MILLION MILES AND MORE PROGRAM. Do you understand this? The benefits were for LIFE and one could only get these if they traveled one million actual miles:
(1) double mileage
(2) upgrades clearing at 48 hours
(3) two regional upgrades a year
(4) Premier Executive status for LIFE, which was 2nd tier, the HIGHEST than any other MM airline program
(5) Systemwide upgrade upon reaching 1MM
Benefit 1 GONE
Benefit 2 GONE
Benefit 3 GONE
Benefit 4 GONE
This has NOTHING TO DO with United changing PE to PG and the benefits of PG. United should have matched the BENEFITS for BENEFITS, which would have been more or less Premier Platinum. It would have been that simple.
The ripple effects for MM is significant in more ways than one imagines. Because of the downgrade, MM pay fees, miss upgrade opportunities, etc.
Some keep saying about getting a coupon for $15 as a settlement, etc. This is NOT about money, it's about fighting for what is right. It is also setting a precedence for other programs that state LIFETIME.
Last edited by Ocn Vw 1K; Sep 6, 2013 at 9:47 pm Reason: See note above.
Sep 6, 2013, 8:46 pm
#1698
Join Date: Nov 2006
Location: SFO South Bay
Programs: UA 2MM
Posts: 3,052
If you want to argue that some unclear statements posted on their website in 2011 constituted a promise to flyers that if they achieved Million Mile status they would receive particular benefits, then the only people who could have been harmed by relying on that promise are those who didn't have MM status when it was posted and who subsequently made choices based on it. That's a pretty narrow case with pretty narrow remedies and it's not nearly what the plaintiffs here are asking for.
Sep 6, 2013, 8:54 pm
#1699
Suspended
Join Date: May 2011
Location: SFO
Programs: UA 1K
Posts: 1,961
Well, you do make a good point in one regard: the plaintiff has to show damages. Not a new point in this thread, but at least one we seem to be able to agree on. And detrimental reliance on the promises of United is one sort of damage, as you point out (flying UA at a higher fare than you would have had to on another airline just to make MM status would be detrimental reliance). But why do you assume this is the only source of damages?
The main theory advanced in this thread is "OMG UNITED ONCE POSTED SOMETHING ON THEIR WEBSITE FOR 5 MINUTES THAT SEEMED TO IMPLY I WOULD GET BEAUCOUP STUFF 4EVER! GIMME MY STUFF!" But you might have a better one.
Yeah. That's why I hope the plaintiffs lose.
Last edited by Ocn Vw 1K; Sep 6, 2013 at 9:49 pm Reason: Combine consecutive posts of same member.
Sep 6, 2013, 8:57 pm
#1700
FlyerTalk Evangelist
Join Date: Jul 1999
Location: Ewa Beach, Hawaii
Posts: 10,909
Sep 6, 2013, 9:29 pm
#1701
Join Date: Aug 2006
Location: US
Programs: AA/UA/DL
Posts: 2,773
It's not only for FIVE minutes....It's there for a long time before the merge.
Your hard working to ask frequent flyers to give up their promised LIFETIME
benefits is impressive.
I would not spend that much time if no one pays me.
You are really a hard working person. ^
Sep 6, 2013, 9:34 pm
#1702
FlyerTalk Evangelist
Join Date: Sep 2002
Location: Between AUS, EWR, and YTO In a little twisty maze of airline seats, all alike.. but I wanna go home with the armadillo
Programs: CO, NW, & UA forum moderator emeritus
Posts: 35,432
United should have matched the BENEFITS for BENEFITS, which would have been more or less Premier Platinum. It would have been that simple.
...
Some keep saying about getting a coupon for $15 as a settlement, etc. This is NOT about money, it's about fighting for what is right. It is also setting a precedence for other programs that state LIFETIME.
...
Some keep saying about getting a coupon for $15 as a settlement, etc. This is NOT about money, it's about fighting for what is right. It is also setting a precedence for other programs that state LIFETIME.
rmance in a case like this. I'm not sure what sort of settlement one can expect, but United is never going to give all PMUA MM members lifetime Premier Platinum.
Sep 6, 2013, 9:40 pm
#1703
Moderator: United Airlines
Join Date: Jun 2007
Location: SFO
Programs: UA Plat 1.997MM, Hyatt Discoverist, Marriott Plat/LT Gold, Hilton Silver, IHG Plat
Posts: 66,859
Rewarding One Million Miles and Beyond
If you have flown one million, two million or three million miles, or more, on United, we congratulate you on these incredible milestones. To show how much we appreciate your remarkable loyalty, there are different levels of rewards. We are delighted to offer the following to our very best customers:
1 Million Mile Rewards
When you have flown one million lifetime base flight miles on United and United Express, you are rewarded with some exclusive benefits including:
Premier Executive® status for life. Learn about the benefits (hyperlink)
Two (2) Regional Upgrades at the end of every year
Three (3) Systemwide Upgrades to use for a one-class, one-way upgrade on United or United Express flights to any destination we fly worldwide, subject to terms and conditions.
If you have flown one million, two million or three million miles, or more, on United, we congratulate you on these incredible milestones. To show how much we appreciate your remarkable loyalty, there are different levels of rewards. We are delighted to offer the following to our very best customers:
1 Million Mile Rewards
When you have flown one million lifetime base flight miles on United and United Express, you are rewarded with some exclusive benefits including:
Premier Executive® status for life. Learn about the benefits (hyperlink)
Two (2) Regional Upgrades at the end of every year
Three (3) Systemwide Upgrades to use for a one-class, one-way upgrade on United or United Express flights to any destination we fly worldwide, subject to terms and conditions.
I see the above as clearly an inducement to achieve MM for specific benefits.
The FAQ item was posted for close to a year. Both items well exceeded 5 minutes
BTW, all of this has been posted multiple times in this thread.
Sep 6, 2013, 9:42 pm
#1704
Join Date: Nov 2006
Location: SFO South Bay
Programs: UA 2MM
Posts: 3,052
Frankly, David, I don't think you are willing to hear my theories based on the tone of your posts so far. You seem to have made up your mind, which is fine.
Sep 6, 2013, 9:45 pm
#1705
Suspended
Join Date: May 2011
Location: SFO
Programs: UA 1K
Posts: 1,961
I want, "United has the right to terminate the Program and/or the Premier Program or to change the Program Rules, regulations, benefits, conditions of participation or mileage levels, in whole or in part, at any time, with or without notice, even though changes may affect the value of the mileage or certificates already accumulated," to mean what it says. I think that's the most important principle here.
Last edited by Ocn Vw 1K; Sep 6, 2013 at 10:57 pm Reason: Combine consecutive posts of same member.
Sep 6, 2013, 9:59 pm
#1706
Join Date: Aug 2006
Location: US
Programs: AA/UA/DL
Posts: 2,773
I want, "United has the right to terminate the Program and/or the Premier Program or to change the Program Rules, regulations, benefits, conditions of participation or mileage levels, in whole or in part, at any time, with or without notice, even though changes may affect the value of the mileage or certificates already accumulated," to mean what it says. I think that's the most important principle here.
"You want"?? Do you represent for United Airlines?
Please read carefully that MM program is not belong to Mileage Plus / Premier Program.
I think that's the most important principle here.
Again, a frequent flyer to against other FFers to gain their promised LIFETIME benefits so hard...
you are really a hard working person. Very impressive. ^
Last edited by pigx5; Sep 6, 2013 at 10:14 pm
Sep 6, 2013, 10:18 pm
#1707
Suspended
Join Date: May 2011
Location: SFO
Programs: UA 1K
Posts: 1,961
No, just the public interest.
Well, the court is going to give the plaintiffs the opportunity to argue that claim, but I don't think they will prevail. They just overcame a motion to dismiss, that is a long way from winning in the end. But even if they prevail on that point, it's not enough. Even if they are guaranteed for life the benefits of "Premier Executive" status, that doesn't mean that UA can't change what benefits "Premier Executives" get, at any time. That's the obstacle to the case that seems impossible to overcome. All they can really get is to hope to settle (I hope).
Well, everything they get comes at the expense of someone else. It's still zero-sum.
Please read carefully that MM program is not belong to Mileage Plus / Premier Program.
Again, a frequent flyer to against other FFers to gain their promised LIFETIME benefits so hard...
Sep 6, 2013, 10:22 pm
#1708
Join Date: Jan 2007
Location: Bellingham/Gainesville
Programs: UA-G MM, Priority Club Platinum, Avis First, Hertz 5*, Red Lion
Posts: 2,808
UA promised something, a lot believed in that promise. Management changed, broke that promise and now it goes to the judge. I think it's a fair dispute. I get that you are all hot in the collar against people upset at broken promises, that's your bone to pick...not sure why. But I'm happy someone has the resources/time to challenge it. People like you are probably why contracts have to be so stuffy...can't take anyone's word anymore.
Sep 6, 2013, 10:22 pm
#1709
Join Date: Aug 2006
Location: US
Programs: AA/UA/DL
Posts: 2,773
BTW, thank you for keeping replying so this thread can always to be seen.
People now will understand how SMI/J say one thing about loyalty in Hemispheres Magazine but do another.
Thank you!!! Thank you for your hard working!!!^
Sep 6, 2013, 10:26 pm
#1710
Suspended
Join Date: May 2011
Location: SFO
Programs: UA 1K
Posts: 1,961
I don't think this dispute makes the least difference to Smisek's bonus. It only barely matters to the traveling public. It's mostly just the principle of the thing. You and I just have different principles.