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Million Miler Sues United [Judgment for UA Jan 2014] Judgment Affirmed Dec 2014

Old Oct 1, 2013, 3:03 pm
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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
Appellant's (Lagen's) Brief due 4/2/2014

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
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Million Miler Sues United [Judgment for UA Jan 2014] Judgment Affirmed Dec 2014

Old Sep 13, 2013, 10:43 am
  #1786  
 
Join Date: Nov 2006
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Originally Posted by colpuck
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)
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.
blueman2 is offline  
Old Sep 13, 2013, 10:55 am
  #1787  
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Originally Posted by aacharya
They were not BIS. That was the point I made to refute these MM-lite comments. "Practically irrelevant" or not.
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:

Xyzzy is offline  
Old Sep 13, 2013, 10:56 am
  #1788  
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Originally Posted by blueman2
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.
They will be public. There maybe a move to put a protective order on any attachments to the motion, but the motions and briefs themselves will be public.
colpuck is offline  
Old Sep 13, 2013, 2:48 pm
  #1789  
 
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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.
Karl-MDW is offline  
Old Sep 13, 2013, 2:57 pm
  #1790  
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Originally Posted by Xyzzy
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:

If I asked which of the sneetches you considered which (pmUA and pmCO), we might start an all-out war. :-)
aacharya is offline  
Old Sep 13, 2013, 10:39 pm
  #1791  
 
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Originally Posted by colpuck
They will be public. There maybe a move to put a protective order on any attachments to the motion, but the motions and briefs themselves will be public.
If I am not mistaken, the actual depositions ("attachments to the motions") will not be available to the public.

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
UrbaneGent is offline  
Old Sep 14, 2013, 1:23 am
  #1792  
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Originally Posted by aacharya
They were not BIS. That was the point I made to refute these MM-lite comments. "Practically irrelevant" or not - some folks here have wanted the exact point when they passed 1MM BIS.
And also, CO used to give only 50% eqms for all members if they did not book at CO.com.
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Old Sep 14, 2013, 2:38 am
  #1793  
 
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Originally Posted by Fanjet
And also, CO used to give only 50% eqms for all members if they did not book at CO.com.
For discounted economy fares.
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Old Sep 14, 2013, 8:06 am
  #1794  
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Originally Posted by UrbaneGent
Going to be VERY interesting how Hon. Leinenweber rules.
85% that it will be granted in part, denied in part and five years from now there will be a settlement for a nominal amount.
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Old Sep 14, 2013, 9:34 am
  #1795  
 
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Originally Posted by colpuck
85% that it will be granted in part, denied in part and five years from now there will be a settlement for a nominal amount.
Yes, it will take years before we see anything from this. And in less time (about 2 years) I will be 2MM anyway which will give me most of what I lost being pmUA 1MM.

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).
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Old Sep 14, 2013, 1:39 pm
  #1796  
 
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Originally Posted by colpuck
85% that it will be granted in part, denied in part and five years from now there will be a settlement for a nominal amount.
Wow! Amazing you can come to such a conclusion without reading the motions and oppositions. And even before the papers were filed . . .
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Old Sep 14, 2013, 1:52 pm
  #1797  
 
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Originally Posted by Always Flyin
Wow! Amazing you can come to such a conclusion without reading the motions and oppositions. And even before the papers were filed . . .
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.
wildbill412007 is offline  
Old Sep 14, 2013, 2:42 pm
  #1798  
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Originally Posted by Always Flyin
Wow! Amazing you can come to such a conclusion without reading the motions and oppositions. And even before the papers were filed . . .
If you read the thread you'll notice I am 100% on predictions. go figure.
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Old Sep 14, 2013, 9:03 pm
  #1799  
 
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Originally Posted by wildbill412007
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.
Feel free to opt out of the class if you feel that way.

Originally Posted by colpuck
If you read the thread you'll notice I am 100% on predictions. go figure.
Hardly. In fact, you have probably spread more misinformation in this thread than anyone else.

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.
Always Flyin is offline  
Old Sep 14, 2013, 9:14 pm
  #1800  
 
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Originally Posted by Always Flyin
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.
If you go to AA forum, you will see something even more interesting.
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