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
Jun 8, 2012, 8:29 am
#286
Join Date: Nov 2003
Location: Chicago, IL USA
Programs: UA Premier Platinum 1MM, HH Diamond
Posts: 251
It's worth noting, that as some others have pointed out, that class actions are a very particular creature in civil law. The attorney who filed this suit doesn't look like someone with a lot of experience in class action law. A quick Google search appears to show that he does personal injury work and Sullivan's lists him as specializing in "commercial litigation". Firms that do class action work tend to specialize very heavily in it and represent themselves as such. If this isn't being filed by an attorney with much or any class action experience, that (to me) indicates that the plaintiff probably couldn't get a plaintiffs' firm specializing in class actions to take much notice. I wouldn't give it a stone's throw chance in federal court in that case.
One way you can tell if this looks like it has any chance is if any other firms have filed similar class action suits in other courts. If not, it means that no one else likely thinks it's a winner either. I'll bet you dollars to donuts there are a lot of Plaintiffs' Bar attorneys who are MMers, and if they don't think it's worth getting a piece of that pie, the case isn't going anywhere.
One way you can tell if this looks like it has any chance is if any other firms have filed similar class action suits in other courts. If not, it means that no one else likely thinks it's a winner either. I'll bet you dollars to donuts there are a lot of Plaintiffs' Bar attorneys who are MMers, and if they don't think it's worth getting a piece of that pie, the case isn't going anywhere.
Jun 8, 2012, 8:43 am
#287
Join Date: Aug 2007
Location: Near SEA
Programs: UA MM, AS MVPG75K, Marriott Lifetime Gold
Posts: 7,969
A premex with 70K eqm earned 140K in the past whch is now 105K. This is pretty much the worst case scenario (that should really encourage people to fly another 5K to get to plat with 2 CR1s not available at that level before).
Still 35K is hardly a life changing event given that one CC bonus is 50K these days. Yes it was better before but it's not that dramatic given that UA miles are fairly easy to redeem at low levels.
Still 35K is hardly a life changing event given that one CC bonus is 50K these days. Yes it was better before but it's not that dramatic given that UA miles are fairly easy to redeem at low levels.
Jun 8, 2012, 9:17 am
#288
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
It's worth noting, that as some others have pointed out, that class actions are a very particular creature in civil law. The attorney who filed this suit doesn't look like someone with a lot of experience in class action law. A quick Google search appears to show that he does personal injury work and Sullivan's lists him as specializing in "commercial litigation". Firms that do class action work tend to specialize very heavily in it and represent themselves as such. If this isn't being filed by an attorney with much or any class action experience, that (to me) indicates that the plaintiff probably couldn't get a plaintiffs' firm specializing in class actions to take much notice. I wouldn't give it a stone's throw chance in federal court in that case.
of that pie, the case isn't going anywhere.
of that pie, the case isn't going anywhere.
David H. Latham
David H. Latham (ARDC No. 6198792)
150 N. Wacker Drive, #1400
Chicago, Illinois 60606
Telephone: (312) 782-1910
E-mail: [email protected]
And
John F. Edgar
Michael D. Pospisil
EDGAR LAW FIRM LLC
1032 Pennsylvania Ave.
Kansas City, Missouri 64105
Jun 8, 2012, 9:21 am
#289
Join Date: Nov 2002
Location: SEA/YVR/BLI
Programs: UA "Lifetime" Gold, AS MVPG100K, OW Emerald, HH Lifetime Diamond, IC Plat, Marriott Gold, Hertz Gold
Posts: 9,489
It's worth noting, that as some others have pointed out, that class actions are a very particular creature in civil law. The attorney who filed this suit doesn't look like someone with a lot of experience in class action law. A quick Google search appears to show that he does personal injury work and Sullivan's lists him as specializing in "commercial litigation". Firms that do class action work tend to specialize very heavily in it and represent themselves as such. If this isn't being filed by an attorney with much or any class action experience, that (to me) indicates that the plaintiff probably couldn't get a plaintiffs' firm specializing in class actions to take much notice. I wouldn't give it a stone's throw chance in federal court in that case.
One way you can tell if this looks like it has any chance is if any other firms have filed similar class action suits in other courts. If not, it means that no one else likely thinks it's a winner either. I'll bet you dollars to donuts there are a lot of Plaintiffs' Bar attorneys who are MMers, and if they don't think it's worth getting a piece of that pie, the case isn't going anywhere.
One way you can tell if this looks like it has any chance is if any other firms have filed similar class action suits in other courts. If not, it means that no one else likely thinks it's a winner either. I'll bet you dollars to donuts there are a lot of Plaintiffs' Bar attorneys who are MMers, and if they don't think it's worth getting a piece of that pie, the case isn't going anywhere.
I did go back and look at the complaint after reading your informative post. Three lawyers signed it and two of them seem to be members of a law firm that handles class actions.
Could either they be assisting the Chicago lawyer, or he filing on behalf of them, since they're out-of-towners?
This being FT, maybe I should refer to the ORD lawyer and the MCI lawyers.
Jun 8, 2012, 9:26 am
#290
FlyerTalk Evangelist
Join Date: Jul 2007
Location: DFW
Programs: UA Pleb, HH Gold, PWP General Secretary
Posts: 23,199
Colpuck, great, wonderful, gold star.
Don't bring Mickey Mouse into this craziness. 300 signatures for a petition concerning the Million Miler Program? That rocks! I'm doing this all wrong says who? I didn't ask you - or anyone else - to do anything they don't want to do. But if you mean sitting and doing nothing, not going to happen.
When you say nobody goes to or posts, I assume you mean the forum? Not the website, because it's gotten 2+ Million unique hits. I'll get to the forum in a moment...But Google "million miler" - I'm sure you already have - and see how the word has spread about this.
As for the forum, I will tell you, for it to have gathered 50 some people with no effort (including you), shows something. It's there for million milers to stay in touch. You have to think outside the realm of FlyerTalk, because of that little forum, it is quite possible it lead to the federal class action. So hold tight, it has all just begun. And at the very least I'm talking the talk and walking the walk, so don't be so quick to belittle this gent, my dear friend.
Now, let's talk about my status in the Mileage Plus, er MileagePlus, program, I have been a Million Mile Flyer for quite a long time. I was racing towards 2MM until the merger. With the recalibration, I became 2MMiler. Which makes me a Platinum.
Colpuck, I am one of the nicest gents one would ever meet. I don't bother anyone, I try to go through life as a gentleman. When something is wrong, a gentleman plainly says it is wrong and does everything in his power to fight against it and that is why I am standing up for what is fair.
We may not agree on things, and that is fine, we are all on this earth to live together. I wish you the same success and peace of mind I wish for myself.
UG
Don't bring Mickey Mouse into this craziness. 300 signatures for a petition concerning the Million Miler Program? That rocks! I'm doing this all wrong says who? I didn't ask you - or anyone else - to do anything they don't want to do. But if you mean sitting and doing nothing, not going to happen.
When you say nobody goes to or posts, I assume you mean the forum? Not the website, because it's gotten 2+ Million unique hits. I'll get to the forum in a moment...But Google "million miler" - I'm sure you already have - and see how the word has spread about this.
As for the forum, I will tell you, for it to have gathered 50 some people with no effort (including you), shows something. It's there for million milers to stay in touch. You have to think outside the realm of FlyerTalk, because of that little forum, it is quite possible it lead to the federal class action. So hold tight, it has all just begun. And at the very least I'm talking the talk and walking the walk, so don't be so quick to belittle this gent, my dear friend.
Now, let's talk about my status in the Mileage Plus, er MileagePlus, program, I have been a Million Mile Flyer for quite a long time. I was racing towards 2MM until the merger. With the recalibration, I became 2MMiler. Which makes me a Platinum.
Colpuck, I am one of the nicest gents one would ever meet. I don't bother anyone, I try to go through life as a gentleman. When something is wrong, a gentleman plainly says it is wrong and does everything in his power to fight against it and that is why I am standing up for what is fair.
We may not agree on things, and that is fine, we are all on this earth to live together. I wish you the same success and peace of mind I wish for myself.
UG
I am not a member of your board, nor do I want to be. I don't agree with your position. Post all you want about view counts and your 50 members, but the truth is as follows.
Here is the some total of UA's response to "million milers united"
Zero
Post all you want about how great the response is to your platform. The only measure of success is results. So, far the results have been zero.
Jun 8, 2012, 10:02 am
#291
FlyerTalk Evangelist
Join Date: Jul 2007
Location: DFW
Programs: UA Pleb, HH Gold, PWP General Secretary
Posts: 23,199
To denigrate the efforts of a fellow poster for attempting, via the creation of a web site, is unquestionably inappropriate. If you do not like his web site, ignore it. There is no need to repeatedly mock his efforts. At least he is doing something for our cause. What efforts are you making to have our benefits restored?
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Jun 8, 2012, 10:07 am
#292
Join Date: Nov 2006
Location: DFW or Somewhere Else
Programs: UA Plt /Delta DM/ Marriott Platinum Prem./Hilton Diamond / Hyatt Globalist /Hertz PS / National EE
Posts: 1,107
Jun 8, 2012, 10:39 am
#293
Join Date: Apr 2008
Posts: 2,358
snip snip
It's worth noting, that as some others have pointed out, that class actions are a very particular creature in civil law. The attorney who filed this suit doesn't look like someone with a lot of experience in class action law. A quick Google search appears to show that he does personal injury work and Sullivan's lists him as specializing in "commercial litigation".
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Thank you very much for pointing out this important and accurate fact in connection with the need for a law firm that specializes in class actions.
Attorney Edgar has extensive class action experience.
Furthermore, he has successfully prosecuted and won cases against some of the largest corporations IN THE WORLD. To name just a few, Chrysler, General Motors, Microsoft, Bank of America, British Petroleum and many more. Soon, he will be adding United Continental Holdings, Inc to his list of success.
Moreover, there is a rating service for attorneys called Martindale-Hubbell. Attorney Edgar has the HIGHEST rating possible, a rating of “AV” which most attorneys do not achieve.
Here is a link for more information concerning Attorney Edgar:
http://www.edgarlawfirm.com/Attorney...-F-Edgar.shtml
As has already been pointed out, the attorney in Chicago (who filed the actual complaint), is an associate of Attorney Edgar. Yes, the initial complaint was criticized because of the typos and spelling errors. Despite those clerical errors, the actual complaint complies with the law and the clerical errors will not cause a problem prosecuting the case.
At the time the initial complaint was filed in Chicago on May 24, 2012, Attorney Edgar was thousand of miles away from his office. Thus, the complaint was obviously filed by someone other than Attorney Edgar. Consequently, do not believe that those clerical errors reflect on the skills or knowledge and abilities of Attorney Edgar.
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Last edited by dgcpaphd; Jun 8, 2012 at 11:10 am Reason: omitted word
Jun 8, 2012, 11:33 am
#294
Join Date: Feb 2006
Location: DTW
Programs: DL 0.22 MM, AA 0.34 MM, PC Plat Amb, Hertz #1 GC 5*
Posts: 7,511
Just remember who wins the most, in class actions. Anyway...
i presume an injury has been defined. What's the remedy requested? Reinstatement of all UA MM benefits?
i presume an injury has been defined. What's the remedy requested? Reinstatement of all UA MM benefits?
Jun 8, 2012, 12:00 pm
#296
FlyerTalk Evangelist
Join Date: Jul 2007
Location: DFW
Programs: UA Pleb, HH Gold, PWP General Secretary
Posts: 23,199
Traditionally, courts are reluctant to force two parties to do business with each other. This is why specific performance is almost never granted as a remedy.
Last edited by colpuck; Jun 8, 2012 at 10:27 pm
Jun 8, 2012, 9:32 pm
#297
Senior Moderator
Join Date: Oct 2001
Location: San Francisco, CA
Programs: UA Plat/2MM [23-yr. 1K, now emeritus] clawing way back to WN-A List; MR LT Titanium; HY Whateverist.
Posts: 12,396
After a prescribed cooling-off period, the thread has been reopened with the expectation that the discussion will be focused on the topic of the Million Miler Suit Against United and not on personal feuds with other members. Thanks, Ocn Vw 1K, Moderator.
Jun 10, 2012, 12:47 am
#298
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
Any lawyers out there familiar with the process? Now that the initial filing has happened, what's next? UA answers complaint? It goes before a judge?
I can't find much anywhere....
UG
I can't find much anywhere....
UG
Jun 10, 2012, 4:00 pm
#299
Original Member
Join Date: May 1998
Location: Orange County, CA, USA
Programs: AA (Life Plat), Marriott (Life Titanium) and every other US program
Posts: 6,411
Many alternatives.
The most likely formal response is a "motion to dismiss" which will challenge the sufficiency of the pleading. Ruling in about 45 days after it is filed.
But they also might start settlement negotiations.
The plaintiffs might also voluntarily amend their complaint and file one which is better written and better thought out.
The most likely formal response is a "motion to dismiss" which will challenge the sufficiency of the pleading. Ruling in about 45 days after it is filed.
But they also might start settlement negotiations.
The plaintiffs might also voluntarily amend their complaint and file one which is better written and better thought out.
Jun 10, 2012, 5:45 pm
#300
FlyerTalk Evangelist
Join Date: Jul 2007
Location: DFW
Programs: UA Pleb, HH Gold, PWP General Secretary
Posts: 23,199
http://www.law.cornell.edu/rules/frcp/
http://edwardddowlingivattorneyatlaw...il-litigation/
Last edited by colpuck; Jun 10, 2012 at 6:10 pm