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
Feb 7, 2013, 6:27 pm
#1111
Join Date: Apr 2008
Posts: 2,358
According to the first amended complaint:
I'll admit to not really reading class definition before hand but there are two problems with this statement. 1) it excludes people who earned their 1 millionth mile on December 31, 2011, with no real reason to exclude them from the class.
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As of midnight, the next time frame is January 1, 2012. Therefore, your statement cannot be correct. In other words, those members who as of midnight, December 31, 2011, who had flown one million-miles, are included, they are not excluded! :
All persons, as of midnight, December 31, 2011, who were members of the
Million Mile Program under United Airlines’ Mileage Plus frequent flyer program.
Notice how the plaintiff's attorney artfully divided the two programs by stating members of the Million Mile Program UNDER (bolding mine)?
Then in the next part of the same sentence, he states " - - under United Airlines' Mileage Plus frequent flyer program." This separates the million-mile program from the overall Mileage Plus program. The judge apparently thought the language was sufficiently clear to deny UA motion to dismiss.
This area of the complaint is a major element of the case. Convincing the court is where the plaintiff's attorney's skill (and luck) will come into play on February 20, when the hearing takes place.
The judge who took over from the retired judge seems to be a fair judge and hopefully, his initial conclusion will remain after the hearing and his initial ruling will stand.
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Feb 7, 2013, 6:45 pm
#1112
FlyerTalk Evangelist
Join Date: Jul 2007
Location: DFW
Programs: UA Pleb, HH Gold, PWP General Secretary
Posts: 23,199
This area of the complaint is a major element of the case. Convincing the court is where the plaintiff's attorney's skill (and luck) will come into play on February 20, when the hearing takes place.
The judge who took over from the retired judge seems to be a fair judge and hopefully, his initial conclusion will remain after the hearing and his initial ruling will stand.
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The judge who took over from the retired judge seems to be a fair judge and hopefully, his initial conclusion will remain after the hearing and his initial ruling will stand.
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And I read the complaint clearly, my posts are also quite clear.
cheers.
I don't do class actions.
Feb 7, 2013, 7:12 pm
#1114
Join Date: Feb 2004
Location: HNL
Programs: UA Platinum 2MM, Marriott Lifetime Titanium
Posts: 209
I am going to express my opinion here on a few things.
Although I am a UA million-miler (and have been since 2003), and an experienced litigation attorney (I am a member of the American College of Trial Lawyers) with a fair amount of class action litigation experience; I do not claim to be able to accurately predict the future, and I do not claim any special status for my opinions other than that they are mine.
Nonetheless, with the judge's recent decision, I predict the following:
1) The case will settle and will be certified as a class action before or in connection with the settlement, with the class consisting of, as described in the complaint: "All persons, as of midnight, December 31, 2011, who were members of the Million Mile Program under United Airlines’ Mileage Plus frequent flyer program";
2) The 2 confirmed regionals per year benefit will be restored as part of the settlement (and the 2013 confirmed regionals credited to class members);
3) One million-milers will get bumped to lifetime platinum as part of the settlement;
4) Class members will get some type of travel certificates/coupons as part of the settlement, but no cash; and
5) The plaintiff's attorneys will do well.
I note again, however, that I am not Nostradamus.
Although I am a UA million-miler (and have been since 2003), and an experienced litigation attorney (I am a member of the American College of Trial Lawyers) with a fair amount of class action litigation experience; I do not claim to be able to accurately predict the future, and I do not claim any special status for my opinions other than that they are mine.
Nonetheless, with the judge's recent decision, I predict the following:
1) The case will settle and will be certified as a class action before or in connection with the settlement, with the class consisting of, as described in the complaint: "All persons, as of midnight, December 31, 2011, who were members of the Million Mile Program under United Airlines’ Mileage Plus frequent flyer program";
2) The 2 confirmed regionals per year benefit will be restored as part of the settlement (and the 2013 confirmed regionals credited to class members);
3) One million-milers will get bumped to lifetime platinum as part of the settlement;
4) Class members will get some type of travel certificates/coupons as part of the settlement, but no cash; and
5) The plaintiff's attorneys will do well.
I note again, however, that I am not Nostradamus.
Feb 7, 2013, 7:20 pm
#1115
Join Date: Dec 2010
Location: Chicago
Programs: AA EXP, UA former 1K (1.9MM and gone), Marriott LT Plat, Hilton Diamond, SPG Plat
Posts: 1,111
I am going to express my opinion here on a few things.
Although I am a UA million-miler (and have been since 2003), and an experienced litigation attorney (I am a member of the American College of Trial Lawyers) with a fair amount of class action litigation experience; I do not claim to be able to accurately predict the future, and I do not claim any special status for my opinions other than that they are mine.
Nonetheless, with the judge's recent decision, I predict the following:
1) The case will settle and will be certified as a class action before or in connection with the settlement, with the class consisting of, as described in the complaint: "All persons, as of midnight, December 31, 2011, who were members of the Million Mile Program under United Airlines’ Mileage Plus frequent flyer program";
2) The 2 confirmed regionals per year benefit will be restored as part of the settlement (and the 2013 confirmed regionals credited to class members);
3) One million-milers will get bumped to lifetime platinum as part of the settlement;
4) Class members will get some type of travel certificates/coupons as part of the settlement, but no cash; and
5) The plaintiff's attorneys will do well.
I note again, however, that I am not Nostradamus.
Although I am a UA million-miler (and have been since 2003), and an experienced litigation attorney (I am a member of the American College of Trial Lawyers) with a fair amount of class action litigation experience; I do not claim to be able to accurately predict the future, and I do not claim any special status for my opinions other than that they are mine.
Nonetheless, with the judge's recent decision, I predict the following:
1) The case will settle and will be certified as a class action before or in connection with the settlement, with the class consisting of, as described in the complaint: "All persons, as of midnight, December 31, 2011, who were members of the Million Mile Program under United Airlines’ Mileage Plus frequent flyer program";
2) The 2 confirmed regionals per year benefit will be restored as part of the settlement (and the 2013 confirmed regionals credited to class members);
3) One million-milers will get bumped to lifetime platinum as part of the settlement;
4) Class members will get some type of travel certificates/coupons as part of the settlement, but no cash; and
5) The plaintiff's attorneys will do well.
I note again, however, that I am not Nostradamus.
Also, goes without saying that the terms of the coupons in #4 will have enough restrictions as to make them practically worthless, although their inflated face value will be used in calculating the legal fees.
Feb 7, 2013, 7:20 pm
#1116
Join Date: Apr 2008
Posts: 2,358
I am going to express my opinion here on a few things.
Although I am a UA million-miler (and have been since 2003), and an experienced litigation attorney (I am a member of the American College of Trial Lawyers) with a fair amount of class action litigation experience; I do not claim to be able to accurately predict the future, and I do not claim any special status for my opinions other than that they are mine.
Nonetheless, with the judge's recent decision, I predict the following:
1) The case will settle and will be certified as a class action before or in connection with the settlement, with the class consisting of, as described in the complaint: "All persons, as of midnight, December 31, 2011, who were members of the Million Mile Program under United Airlines’ Mileage Plus frequent flyer program";
2) The 2 confirmed regionals per year benefit will be restored as part of the settlement (and the 2013 confirmed regionals credited to class members);
3) One million-milers will get bumped to lifetime platinum as part of the settlement;
4) Class members will get some type of travel certificates/coupons as part of the settlement, but no cash; and
5) The plaintiff's attorneys will do well.
I note again, however, that I am not Nostradamus.
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You make sense and I feel confident that you have made many other million-milers feel equally confident.
Would you dare to venture a guess when you think the case might settle?
Thank you very much for your logical response.
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Feb 7, 2013, 7:25 pm
#1117
FlyerTalk Evangelist
Join Date: Jul 2007
Location: DFW
Programs: UA Pleb, HH Gold, PWP General Secretary
Posts: 23,199
Assuming UA does not take a fight-to-the-death approach here, your predictions do seem reasonable except that #2 and #3 are redundant. UA would argue that Plats are already granted 2 RPUs per year (and they probably will never understand the distinction that they only get them if they fly less than 75k each year).
Also, goes without saying that the terms of the coupons in #4 will have enough restrictions as to make them practically worthless, although their inflated face value will be used in calculating the legal fees.
Also, goes without saying that the terms of the coupons in #4 will have enough restrictions as to make them practically worthless, although their inflated face value will be used in calculating the legal fees.
Feb 7, 2013, 7:29 pm
#1118
Join Date: Feb 2004
Location: HNL
Programs: UA Platinum 2MM, Marriott Lifetime Titanium
Posts: 209
I think a settlement could well be reached in 2013, but because of the nature of class actions (required notice to class members, an opt-out period, a court hearing, possible appeals by "objectors," the possibilitiy of what some call "objector blackmail"), it is unlikely any benefits would flow before 2014.
Feb 7, 2013, 7:29 pm
#1119
Join Date: Dec 2010
Location: Chicago
Programs: AA EXP, UA former 1K (1.9MM and gone), Marriott LT Plat, Hilton Diamond, SPG Plat
Posts: 1,111
You think so? By moving MMs from boarding group 2 to 1? Hard to see that would matter much and the bump in upgrade status would only affect those rare flights where Plats are actually getting upgraded.
Feb 7, 2013, 7:31 pm
#1120
In Memoriam, FlyerTalk Evangelist
Join Date: Jun 2000
Location: Benicia CA
Programs: Alaska MVP Gold 75K, AA 3.8MM, UA 1.1MM, enjoying the retired life
Posts: 31,849
Didn't really answer my question.
Are you in the class that you'll need to exclude yourself when notified? My understanding is that class will be those that have one million BIS miles on UA. Will you receive that notification when the time comes or not? I can see opting out after notice about the class, but will you be receiving that notice or not? If you're not going to get notice, you don't need to worry about opting out and not being part of the class action.
I am in the class. I flew one million miles on UA metal prior to the merger. You?
Are you in the class that you'll need to exclude yourself when notified? My understanding is that class will be those that have one million BIS miles on UA. Will you receive that notification when the time comes or not? I can see opting out after notice about the class, but will you be receiving that notice or not? If you're not going to get notice, you don't need to worry about opting out and not being part of the class action.
I am in the class. I flew one million miles on UA metal prior to the merger. You?
Feb 7, 2013, 7:37 pm
#1121
Join Date: Aug 2008
Location: SF Bay Area
Programs: UA 1K, Hyatt Globalist, Virtuoso Travel Agent, Commercial Pilot
Posts: 2,117
The truth is that both interpretations are semantically correct as technically midnight straddles two days--it is the end of one day and simultaneously the beginning of the next day. Colloquially it is more often used to designate the end of the day (dgcpaphd's interpretation), but we typically represent midnight on a clock with either 12:00 AM or 00:00 on a 24-hour clock, or the very beginning of a day (colpuck's interpretation).
Either way, it is a very bad choice of words because it leaves room for ambiguity (which feels a bit amateurish given that much law is basically trying to iron out different interpretations of the same language). 11:59 PM on December 31, 2011 would have been a much better choice.
Last edited by Sykes; Feb 7, 2013 at 7:42 pm
Feb 7, 2013, 7:39 pm
#1122
In Memoriam, FlyerTalk Evangelist
Join Date: Jun 2000
Location: Benicia CA
Programs: Alaska MVP Gold 75K, AA 3.8MM, UA 1.1MM, enjoying the retired life
Posts: 31,849
That the same thing Fredd posted about a few days back. He thought that would have been an equitable settlement up front rather than dropping those with million miler status down to 50% bonus miles. I'd certainly prefer my 100% bonus miles back as million miler on UA metal was a long road for me, but don't know if that's realistic or not. 50% has me not spending a cent on this airline.
Feb 7, 2013, 7:41 pm
#1123
Used to be MBS PremExec
Join Date: Sep 2000
Location: Saginaw, MI (MBS)
Programs: UA 1K 1.9MM, Marriott Titanium w/Lifetime Plat, Hilton LIfetime ♢, National Exec, Amex Plat
Posts: 5,722
Assuming UA does not take a fight-to-the-death approach here, your predictions do seem reasonable except that #2 and #3 are redundant. UA would argue that Plats are already granted 2 RPUs per year (and they probably will never understand the distinction that they only get them if they fly less than 75k each year).
The new UA is just devious enough to try and slide this one by.
Feb 7, 2013, 7:43 pm
#1124
FlyerTalk Evangelist
Join Date: Jul 2007
Location: DFW
Programs: UA Pleb, HH Gold, PWP General Secretary
Posts: 23,199
I think a settlement could well be reached in 2013, but because of the nature of class actions (required notice to class members, an opt-out period, a court hearing, possible appeals by "objectors," the possibility of what some call "objector blackmail"), it is unlikely any benefits would flow before 2014.
you would have the class action members on one system and non-class members on another. That seems awkward.
Feb 7, 2013, 7:53 pm
#1125
Join Date: Apr 2008
Posts: 2,358
I think a settlement could well be reached in 2013, but because of the nature of class actions (required notice to class members, an opt-out period, a court hearing, possible appeals by "objectors," the possibility of what some call "objector blackmail"), it is unlikely any benefits would flow before 2014.
Thank you very much for your learned opinion and post.
Please don't be a stranger to these million-mile threads.
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