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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
#1786
Join Date: Nov 2006
Location: SFO South Bay
Programs: UA 2MM
Posts: 3,052
MINUTE entry before Honorable Harry D. Leinenweber:Status hearing held on 9/10/2013. Cross motions for summary judgment with supporting briefs to be filed by 10/22/2013. Responses to be filed by 11/21/2013. Reply briefs due by 12/20/2013. The court will rule orally on 1/16/2014 at 09:00 AM.Mailed notice (wp, ) (Entered: 09/10/2013)
Any idea if the briefs files on 10/22 and 11/21 will be public or are they kept private to the court? I would love to see what both sides are saying.
#1787
FlyerTalk Evangelist
Join Date: Sep 2002
Location: Between AUS, EWR, and YTO In a little twisty maze of airline seats, all alike...
Programs: CO, NW, & UA forum moderator emeritus
Posts: 35,339
This whole thing reminds me of my favourite Dr. Suess story:
#1788
FlyerTalk Evangelist
Join Date: Jul 2007
Location: DFW
Programs: UA Pleb, HH Gold, PWP General Secretary
Posts: 23,199
I thought they already had the summary judgment discussion about 9 months ago. Man, can the wheels of justice move ANY slower??
Any idea if the briefs files on 10/22 and 11/21 will be public or are they kept private to the court? I would love to see what both sides are saying.
Any idea if the briefs files on 10/22 and 11/21 will be public or are they kept private to the court? I would love to see what both sides are saying.
#1789
Join Date: Aug 2007
Location: Chicago: ORD, MDW
Programs: United Million Mile Flyer, Hilton Silver, Marriott Gold, DL, AA WN
Posts: 514
I am not sure when the 500 minimum came in, but I know that I did a LOT of MRY-SFO flights (to connect) in the 1980s at the beginning of Mileage Plus when we got the exact mileage - 89 miles if I remember correctly. MRY-LAX was less than 300.
When the minimum mileage became 500, I do not recall that UA gave me credit.
Some of my MM status was based on actual mileage.
At least in those days, the flights were on 737-200 - and some were all coach seating.
When the minimum mileage became 500, I do not recall that UA gave me credit.
Some of my MM status was based on actual mileage.
At least in those days, the flights were on 737-200 - and some were all coach seating.
#1790
FlyerTalk Evangelist
Join Date: Sep 2008
Location: Jersey Shore/YYZ
Programs: UA 1K, Marriott Plat, Hilton Diamond, Hertz PC
Posts: 12,521
That's funny, I thought the same as you when I realized that the PMUA counted a minimum of 500 toward MM all these years. It seems that anyone wh ever took a segment that was under 5 miles is a MM-lite.
This whole thing reminds me of my favourite Dr. Suess story:
This whole thing reminds me of my favourite Dr. Suess story:
#1791
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
Speaking of which here's the full document:
Case: 1:12-cv-04056 Document #: 60 Filed: 09/10/13 Page 1 of 1
UNITED STATES DISTRICT COURT
FOR THE
Northern District of Illinois − CM/ECF LIVE,
Ver 5.1.1 Eastern Division
George Lagen,
Plaintiff,
v.
United Continental Holdings, Inc. , et al.
Defendant.
Case No.: 1:12−cv−04056 Honorable Blanche M. Manning
NOTIFICATION OF DOCKET ENTRY
This docket entry was made by the Clerk on Tuesday, September 10, 2013:
MINUTE entry before Honorable Harry D. Leinenweber: Status hearing held on 9/10/2013. Cross motions for summary judgment with supporting briefs to be filed by 10/22/2013. Responses to be filed by 11/21/2013. Reply briefs due by 12/20/2013.
The court will rule orally on 1/16/2014 at 09:00 AM.Mailed notice(wp, )
Going to be VERY interesting how Hon. Leinenweber rules.
Last edited by UrbaneGent; Sep 13, 2013 at 11:03 pm
#1792
FlyerTalk Evangelist
Join Date: Aug 2008
Location: Usually in SAN or Central Europe.
Programs: AA:EXP/1MM. Accor/Radisson:Silver; HH:Gold; ICH:Plt Amb.
Posts: 22,307
And also, CO used to give only 50% eqms for all members if they did not book at CO.com.
#1794
FlyerTalk Evangelist
Join Date: Jul 2007
Location: DFW
Programs: UA Pleb, HH Gold, PWP General Secretary
Posts: 23,199
#1795
Join Date: Nov 2006
Location: SFO South Bay
Programs: UA 2MM
Posts: 3,052
But for those who want a quicker resolution and have time to burn, you can always take UA to small claims court. Just be prepared to know what you are asking for in damages/compensation. Small claims court will not compel UA to change business practices but will only award proven damages (which are hard to prove).
#1796
Join Date: Jan 2000
Location: London; Bangkok; Las Vegas
Programs: AA Exec Plat; UA MM Gold; Marriott Lifetime Titanium; Hilton Diamond
Posts: 8,741
#1797
Join Date: Sep 2012
Location: MDT
Programs: UA 1MM
Posts: 279
Not too amazing at all, just look at the record of these sorts of suits. I predict that we will get a 50 dollar (or even less) travel coupon and the lawyers will get several million dollars.
#1798
FlyerTalk Evangelist
Join Date: Jul 2007
Location: DFW
Programs: UA Pleb, HH Gold, PWP General Secretary
Posts: 23,199
#1799
Join Date: Jan 2000
Location: London; Bangkok; Las Vegas
Programs: AA Exec Plat; UA MM Gold; Marriott Lifetime Titanium; Hilton Diamond
Posts: 8,741
You are not a Million Miler, are not a lawyer, have demonstrated you have no idea what you are talking about on the legal issues at play here, and do a disservice to everyone else who is a MM miler, cares about this case, and follows this thread for legitimate information.
#1800
Join Date: Aug 2006
Location: US
Programs: AA/UA/DL
Posts: 2,772
You are not a Million Miler, are not a lawyer, have demonstrated you have no idea what you are talking about on the legal issues at play here, and do a disservice to everyone else who is a MM miler, cares about this case, and follows this thread for legitimate information.