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Man pulled off of overbooked flight UA3411 (ORD-SDF) 9 Apr 2017 {Settlement reached}

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Old Apr 10, 2017, 8:42 pm
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Statement from United Airlines Regarding Resolution with Dr. David Dao - released 27 April 2017
CHICAGO, April 27, 2017 /PRNewswire/ -- We are pleased to report that United and Dr. Dao have reached an amicable resolution of the unfortunate incident that occurred aboard flight 3411. We look forward to implementing the improvements we have announced, which will put our customers at the center of everything we do.
DOT findings related to the UA3411 9 April 2017 IDB incident 12 May 2017

What facts do we know?
  • UA3411, operated by Republic Airways, ORD-SDF on Sunday, April 9, 2017. UA3411 was the second to last flight to SDF for United. AA3509 and UA4771 were the two remaining departures for the day. Also, AA and DL had connecting options providing for same-day arrival in SDF.
  • After the flight was fully boarded, United determined four seats were needed to accommodate crew to SDF for a flight on Monday.
  • United solicited volunteers for VDB. (BUT stopped at $800 in UA$s, not cash). Chose not to go to the levels such as 1350 that airlines have been known to go even in case of weather impacted disruption)
  • After receiving no volunteers for $800 vouchers, a passenger volunteered for $1,600 and was "laughed at" and refused, United determined four passengers to be removed from the flight.
  • One passenger refused and Chicago Aviation Security Officers were called to forcibly remove the passenger.
  • The passenger hit the armrest in the aisle and received a concussion, a broken nose, a bloodied lip, and the loss of two teeth.
  • After being removed from the plane, the passenger re-boarded saying "I need to go home" repeatedly, before being removed again.
  • United spokesman Jonathan Guerin said the flight was sold out — but not oversold. Instead, United and regional affiliate Republic Airlines – the unit that operated Flight 3411 – decided they had to remove four passengers from the flight to accommodate crewmembers who were needed in Louisville the next day for a “downline connection.”

United Express Flight 3411 Review and Action Report - released 27 April 2017

Videos

Internal Communication by Oscar Munoz
Oscar Munoz sent an internal communication to UA employees (sources: View From The Wing, Chicago Tribune):
Dear Team,

Like you, I was upset to see and hear about what happened last night aboard United Express Flight 3411 headed from Chicago to Louisville. While the facts and circumstances are still evolving, especially with respect to why this customer defied Chicago Aviation Security Officers the way he did, to give you a clearer picture of what transpired, I've included below a recap from the preliminary reports filed by our employees.

As you will read, this situation was unfortunately compounded when one of the passengers we politely asked to deplane refused and it became necessary to contact Chicago Aviation Security Officers to help. Our employees followed established procedures for dealing with situations like this. While I deeply regret this situation arose, I also emphatically stand behind all of you, and I want to commend you for continuing to go above and beyond to ensure we fly right.

I do, however, believe there are lessons we can learn from this experience, and we are taking a close look at the circumstances surrounding this incident. Treating our customers and each other with respect and dignity is at the core of who we are, and we must always remember this no matter how challenging the situation.

Oscar

Summary of Flight 3411
  • On Sunday, April 9, after United Express Flight 3411 was fully boarded, United's gate agents were approached by crewmembers that were told they needed to board the flight.
  • We sought volunteers and then followed our involuntary denial of boarding process (including offering up to $1,000 in compensation) and when we approached one of these passengers to explain apologetically that he was being denied boarding, he raised his voice and refused to comply with crew member instructions.
  • He was approached a few more times after that in order to gain his compliance to come off the aircraft, and each time he refused and became more and more disruptive and belligerent.
  • Our agents were left with no choice but to call Chicago Aviation Security Officers to assist in removing the customer from the flight. He repeatedly declined to leave.
  • Chicago Aviation Security Officers were unable to gain his cooperation and physically removed him from the flight as he continued to resist - running back onto the aircraft in defiance of both our crew and security officials.
Email sent to all employees at 2:08PM on Tuesday, April 11.
Dear Team,

The truly horrific event that occurred on this flight has elicited many responses from all of us: outrage, anger, disappointment. I share all of those sentiments, and one above all: my deepest apologies for what happened. Like you, I continue to be disturbed by what happened on this flight and I deeply apologize to the customer forcibly removed and to all the customers aboard. No one should ever be mistreated this way.

I want you to know that we take full responsibility and we will work to make it right.

It’s never too late to do the right thing. I have committed to our customers and our employees that we are going to fix what’s broken so this never happens again. This will include a thorough review of crew movement, our policies for incentivizing volunteers in these situations, how we handle oversold situations and an examination of how we partner with airport authorities and local law enforcement. We’ll communicate the results of our review by April 30th.

I promise you we will do better.

Sincerely,

Oscar
Statement to customers - 27 April 2017
Each flight you take with us represents an important promise we make to you, our customer. It's not simply that we make sure you reach your destination safely and on time, but also that you will be treated with the highest level of service and the deepest sense of dignity and respect.

Earlier this month, we broke that trust when a passenger was forcibly removed from one of our planes. We can never say we are sorry enough for what occurred, but we also know meaningful actions will speak louder than words.

For the past several weeks, we have been urgently working to answer two questions: How did this happen, and how can we do our best to ensure this never happens again?

It happened because our corporate policies were placed ahead of our shared values. Our procedures got in the way of our employees doing what they know is right.

Fixing that problem starts now with changing how we fly, serve and respect our customers. This is a turning point for all of us here at United – and as CEO, it's my responsibility to make sure that we learn from this experience and redouble our efforts to put our customers at the center of everything we do.

That’s why we announced that we will no longer ask law enforcement to remove customers from a flight and customers will not be required to give up their seat once on board – except in matters of safety or security.

We also know that despite our best efforts, when things don’t go the way they should, we need to be there for you to make things right. There are several new ways we’re going to do just that.

We will increase incentives for voluntary rebooking up to $10,000 and will be eliminating the red tape on permanently lost bags with a new "no-questions-asked" $1,500 reimbursement policy. We will also be rolling out a new app for our employees that will enable them to provide on-the-spot goodwill gestures in the form of miles, travel credit and other amenities when your experience with us misses the mark. You can learn more about these commitments and many other changes at hub.united.com.

While these actions are important, I have found myself reflecting more broadly on the role we play and the responsibilities we have to you and the communities we serve.

I believe we must go further in redefining what United's corporate citizenship looks like in our society. If our chief good as a company is only getting you to and from your destination, that would show a lack of moral imagination on our part. You can and ought to expect more from us, and we intend to live up to those higher expectations in the way we embody social responsibility and civic leadership everywhere we operate. I hope you will see that pledge express itself in our actions going forward, of which these initial, though important, changes are merely a first step.

Our goal should be nothing less than to make you truly proud to say, "I fly United."

Ultimately, the measure of our success is your satisfaction and the past several weeks have moved us to go further than ever before in elevating your experience with us. I know our 87,000 employees have taken this message to heart, and they are as energized as ever to fulfill our promise to serve you better with each flight and earn the trust you’ve given us.

We are working harder than ever for the privilege to serve you and I know we will be stronger, better and the customer-focused airline you expect and deserve.

With Great Gratitude,

Oscar Munoz
CEO
United Airlines
Aftermath
Poll: Your Opinion of United Airlines Reference Material

UA's Customer Commitment says:
Occasionally we may not be able to provide you with a seat on a specific flight, even if you hold a ticket, have checked in, are present to board on time, and comply with other requirements. This is called an oversale, and occurs when restrictions apply to operating a particular flight safely (such as aircraft weight limits); when we have to substitute a smaller aircraft in place of a larger aircraft that was originally scheduled; or if more customers have checked in and are prepared to board than we have available seats.

If your flight is in an oversale situation, you will not be denied a seat until we first ask for volunteers willing to give up their confirmed seats. If there are not enough volunteers, we will deny boarding to passengers in accordance with our written policy on boarding priority. If you are involuntarily denied boarding and have complied with our check-in and other applicable rules, we will give you a written statement that describes your rights and explains how we determine boarding priority for an oversold flight. You will generally be entitled to compensation and transportation on an alternate flight.

We make complete rules for the payment of compensation, as well as our policy about boarding priorities, available at airports we serve. We will follow these rules to ensure you are treated fairly. Please be aware that you may be denied boarding without compensation if you do not check in on time or do not meet certain other requirements, or if we offer you alternative transportation that is planned to arrive at your destination or first stopover no later than one hour after the planned arrival time of your original flight.
CoC is here: https://www.united.com/web/en-US/con...-carriage.aspx
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Man pulled off of overbooked flight UA3411 (ORD-SDF) 9 Apr 2017 {Settlement reached}

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Old Apr 25, 2017, 12:14 pm
  #6511  
 
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Has anyone else noticed United's Twitter page hasn't been updated in over two weeks? I'm not in PR or very social media savvy but I can't believe they aren't trying to bury this on the media they control.
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Old Apr 25, 2017, 12:18 pm
  #6512  
 
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Congress gets involved

Does anyone know if United has answered the letter sent by Senator Al Franken? The Senator requested an answer by United by April 24, 2017. I have not seen United's response posted anywhere.

https://www.franken.senate.gov/?p=press_release&id=3668
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Old Apr 25, 2017, 12:25 pm
  #6513  
 
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Originally Posted by sanhawa
Does anyone know if United has answered the letter sent by Senator Al Franken? The Senator requested an answer by United by April 24, 2017. I have not seen United's response posted anywhere.

https://www.franken.senate.gov/?p=press_release&id=3668
Similarly, I was curious if United Airlines had responded to the Senate Commerce Committee's request with a April 20, 2017 deadline ...

https://www.billnelson.senate.gov/si...United_CEO.pdf
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Old Apr 25, 2017, 12:39 pm
  #6514  
 
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Originally Posted by PilgrimsProgress
Similarly, I was curious if United Airlines had responded to the Senate Commerce Committee's request with a April 20, 2017 deadline ...

https://www.billnelson.senate.gov/si...United_CEO.pdf
The questions asked by this Senate Committee were very specific and the answers provided by United should be interesting.

I would specifically like to know the answer to question #4 :
"Does UA consider a case where employees or crew members involuntarily displace a ticketed passenger who has met the check-in deadline an oversold situation under UA's contract of carriage?"
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Old Apr 25, 2017, 12:47 pm
  #6515  
 
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Originally Posted by nitzer
The maximum value is irrelevant in my opinion. Settlements have no top end.

The damage to their reputation and bottom line could go well over 200 million.

1) They must protect the airlines secrets that allow them to take advantage of the customer. Going to trial will bring all of these into higher level of scrutiny. Overbooking, IVDB, passengers almost having no rights. If any of these things changed they would loose a lot more. THEY CANT ALLOW THIS TO HAPPEN.

2) The court determines that the attendant actually had no right to ask people on plane to leave. They get a ton of other people who this has happened too and bring them in to testify. Now we are in class action area which will lead to the big case 400-500 million. THEY CANT ALLOW THIS TO HAPPEN.

3) Very long public trials bring out the worst in corporations. The PR would be brutal.
My dude! Thank you for explaining this much better than I could.

I really think Dao doesn't care if he wins or loses here. And I also believe Demetrio is salivating at the chance of making this a big spectacle so he's probably not even sweating Dao for the attorney's fees yet. I have no proof of this, just a hunch.
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Old Apr 25, 2017, 1:19 pm
  #6516  
 
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Wink Win Win

Originally Posted by FiveMileFinal
My dude! Thank you for explaining this much better than I could.

I really think Dao doesn't care if he wins or loses here. And I also believe Demetrio is salivating at the chance of making this a big spectacle so he's probably not even sweating Dao for the attorney's fees yet. I have no proof of this, just a hunch.
Some guy on here who was a lawyer said that he would never advise his client to do something like what I am saying here. But, when they have already admitted your client did nothing wrong, there is an admission of guilt there. Ultimatums are the way to go. You settle right now, this is how much we want, or we go to trial. There will be no second negotiations. My bet is they would pay 200 million easy and probably throw in 10 million more to settle the City of Chicago case so the airline employees don't have to testify. That way nothing goes to trial. That's 5.6% of your profit from last year which is really nothing in the grand scheme of things. Its like Russian roulette, you hand the airline the gun, and the gun is fully loaded.
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Old Apr 25, 2017, 1:21 pm
  #6517  
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Originally Posted by FiveMileFinal
And I also believe Demetrio is salivating at the chance of making this a big spectacle so he's probably not even sweating Dao for the attorney's fees yet.
He's not worried about the fees at this point because he knows UA will settle at a healthy level. What really has his juices flowing is all the free advertising he's getting, attracting new clients.
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Old Apr 25, 2017, 2:11 pm
  #6518  
 
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Originally Posted by PilgrimsProgress
Similarly, I was curious if United Airlines had responded to the Senate Commerce Committee's request with a April 20, 2017 deadline ...

https://www.billnelson.senate.gov/si...United_CEO.pdf
Per the Post, United has promised to respond by Thursday COB: https://www.washingtonpost.com/news/...=.0288e7a20e76
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Old Apr 25, 2017, 2:14 pm
  #6519  
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Originally Posted by FiveMileFinal
so he's probably not even sweating Dao for the attorney's fees yet.
Google search terms: contingent fee arrangement.
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Old Apr 25, 2017, 2:24 pm
  #6520  
 
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In 2014, LA paid $10.7 MM for police misconduct cases, including beatings, shootings and wrongful imprisonment. Philadelphia paid $11.5 MM over the same period. IIRC, the 10 largest cities in the US spent about $250 MM for these types of claims that year.
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Old Apr 25, 2017, 2:57 pm
  #6521  
 
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Originally Posted by tom911
Two of the officers written statements were provided "under duress" because they knew they could lose their jobs by not providing one. Not sure what to read into that.[/url]
You and I are permitted to invoke our 5th Amendment rights and refuse to make a statement.

The police are required to file reports as a condition of employment.

In order to avoid the choice of losing a job or protecting their legal rights they are permitted to file a report under duress which means their statement cannot be used against them in court.
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Old Apr 25, 2017, 3:07 pm
  #6522  
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Now that the names and written statements of the three airport security guards have been released, I wonder whether we'll see tha names and roles of the GA and her supervisor/manager.

I also noticed that at least one of the incident report forms required home addresses, but the address of ORD seems to have been given in those boxes.
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Old Apr 25, 2017, 3:17 pm
  #6523  
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Originally Posted by FiveMileFinal
...
Even if Dao washes out on the whole thing, the cost to United of a long, dragged out trial will be damn near epic.
Epic doesn't even begin to describe what will happen - this will be like the OJ Simpson trial for airlines. If his lawyer had even 1/4 of a brain, everyone at UA from Munoz down will be called as a witness, laying bare the innards of policies, contracts, documentation in minute, public detail, with the trial news of the day hitting the network news worldwide for weeks - the entire company will turned inside out and shaken upside down. The jury award, whatever it ends up being, will be 1 red cent in comparison to the PR damage and total humiliation of the company, its culture and management staff (on an individual basis, in-your-face at the trial) in court.

There is no check United can write that is too big to make sure this trial never happens. United has faced many civil suits over the years from fraud to wrongful death to gross negligence, but this will be the cherry on the Polaris sundae of trials, not just for United, but for the Chicago aviation dept and its staff as well.
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Old Apr 25, 2017, 4:03 pm
  #6524  
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Originally Posted by FiveMileFinal
What I've noticed is David Dao not making the rounds, not trying to elicit sympathy. This is the first video I've seen where his lawyer has made any statement since the press conference a week and a half ago.

United is going to feel this hurt for a long, long, time. And deservedly so.
Dr Dao does not need to do the rounds, he "should" be at home/hospital recuperating from those injuries caused by the decisions of United. Let his lawyers do the talking.


Originally Posted by bocastephen
They should not have "had a grip on him" in the first place - his flailing is irrelevant in terms of their culpability with this whole mess. As soon as this goon reached over to grab Dr Dao and yank him from the seat, that was grounds to fire him right then and there, and I am hopeful he is shown the door quickly. He can refocus his efforts to attacking shoplifters in Sears.
I agree. The officers may not even had the legal authority to physically evict him off that plane.


Originally Posted by Boggie Dog
I'm sure the Chicago Department of Aviation Security personnel had body cams or other video that will back up their assertions that Dr. DAO acted in the manner described in the official report which was given under duress. Also interesting that two of the City of Chicago Department of Aviation responders had been disciplined previously.
Firstly, my opinion is that they had no authority to remove Dr Dao in the first place. However that said, we recently acted for a client with an active mental illness who was charged with "assault police" and when we received the three police officers statements (remember that they are sworn to protect the community and uphold the law mind you), one was contradictory to the other two. Anyway, we had subpoenaed all three to give evidence ..... nothing beats, three officers testifying back to back under oath, and then third officer being asked if they saw any punches or kicks and them stating "No". Sadly, it never happened that way because the third officer "due to operational requirements" could not make it to Court that day. We submitted to the court how highly essential it was to have that third officer. Anyway, prosecutor knew they had a BS case so our client accepted a downgrade in charge to "resist" and due to his mental illness, a conviction not recorded. What a waste of time because the reports were highly exaggerated.


Originally Posted by Catbert10
Talk about settlement figures assumes that the point of the suit is to maximize Dr. Dao's payout. I doubt that's what his legal team is trying to do. Instead, they are using the suit to change behavior. A large settlement won't change United as much as a long, drawn-out, ugly PR disaster of a suit. This isn't going to be settled.
Unless it's half a billion dollars or more and that is hyper-ridiculous territory, United won't get a toss and won't change anything.
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Old Apr 25, 2017, 5:07 pm
  #6525  
 
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Originally Posted by alanslegal
Dr Dao does not need to do the rounds, he "should" be at home/hospital recuperating from those injuries caused by the decisions of United. Let his lawyers do the talking.
I agree fully. In other cases similar to this, I have noticed the victim/plaintiff has made the rounds on the news shows, trying to stay relevant and garner sympathy with the public in hopes that the settlement check (or the resulting verdict) will grow. That he's remained eerily silent and let Demetrio do the speaking for him speaks volumes to me.

On an aside: Demetrio has this whole 'absent-minded professor' thing on lock. Had me cracking up when he talked about the "Red Carpet Club" which hasn't been a thing for over half a decade. Looks totally affable and approachable, like you could sit down and have a beer with him, even if you're across the aisle. Kinda slow, measured in how he speaks and responds. All this stuff lulls you into a false sense of security that he can't vaporize you in the courtroom.

Originally Posted by alanslegal
Unless it's half a billion dollars or more and that is hyper-ridiculous territory, United won't get a toss and won't change anything.
When this thing hits, it's going to be big. And United is going to pay. Dearly. Now it's just a matter of how they give it up. There will be a lesson, no doubt, but that "lesson" will be little more than precedent because money is the only thing airlines understand. And having a sizeable chunk of your profits involuntarily lifted out of your coffers will be more than enough incentive to turn away from actions like what sparked all this. American and Delta will be watching.
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