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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, 5:21 pm
  #6526  
nnn
 
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Much ink has been spilled over whether or not United violated the CoC by bumping Dr. Dao after he was seated.

I have a different question: Once United determined that it would remove Dr. Dao from the flight, was it legally entitled to do so using force -- provided: (1) the CoC allowed it, and (2) the CoC did not allow it?

For situation (2), before answering "no," consider: can United decide to throw anyone off of its private property, and if the airline violated its contractual obligations in doing so, then the passenger would still have to leave the plane but then could seek relief for breach of contract?

(For the sake of this question, put aside: (1) whether or not excessive force was used by the APD, and (2) any PR considerations.)
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Old Apr 25, 2017, 5:26 pm
  #6527  
 
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Originally Posted by FiveMileFinal
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.
I was thinking the exact same thing. For such a high-powered guy, he does a great job of talking like a layperson. He uses simple, everyday phrases ("rude treatment") that anyone can relate to. No wonder he's as good as he is.
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Old Apr 25, 2017, 5:53 pm
  #6528  
 
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Originally Posted by nnn
Much ink has been spilled over whether or not United violated the CoC by bumping Dr. Dao after he was seated.

I have a different question: Once United determined that it would remove Dr. Dao from the flight, was it legally entitled to do so using force -- provided: (1) the CoC allowed it, and (2) the CoC did not allow it?

For situation (2), before answering "no," consider: can United decide to throw anyone off of its private property, and if the airline violated its contractual obligations in doing so, then the passenger would still have to leave the plane but then could seek relief for breach of contract?

(For the sake of this question, put aside: (1) whether or not excessive force was used by the APD, and (2) any PR considerations.)
This was extensively argued earlier in this thread, without reaching agreement on the answer.

However, policy of the APD, recently quoted by Tom911, is that they would not use force under the circumstances. Reportedly, other APDs have similar policies.
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Old Apr 25, 2017, 8:26 pm
  #6529  
 
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Cameras in Cook County Courts?

Originally Posted by bocastephen
This is against every single best practice for PR - a public trial dragging UA through the mud every day for weeks? The likelihood for a multi million dollar verdict? There is absolutely no way this is going to trial - they will write Dr Dao a big check, big enough to keep it out of court, even if that check is near the amount of a projected jury award.

The PR cost to United, and to the industry in general, would be staggering. They need this story to go away asap.
If the case is filed in Cook County if it allows live TV coverage, or other court that allows cameras in the courtroom what a damaging circus that would be. Not only would clips be on the TV news, it probably could be followed live on the internet or even on some cable channels.
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Old Apr 25, 2017, 9:11 pm
  #6530  
 
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Originally Posted by BF263533
If the case is filed in Cook County if it allows live TV coverage, or other court that allows cameras in the courtroom what a damaging circus that would be. Not only would clips be on the TV news, it probably could be followed live on the internet or even on some cable channels.
Illinois corporation, Illinois Cops, KY resident, over $75K in damages, it will be in the N.D. of Ill, not the Delay Center.
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Old Apr 25, 2017, 9:56 pm
  #6531  
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Originally Posted by spin88
Illinois corporation, Illinois Cops, KY resident, over $75K in damages, it will be in the N.D. of Ill, not the Delay Center.
I assume you are referring to diversity of citizenship and granted I'm a bit rusty rusty but what about the "forum defendant rule"? Now as to jurisdiction based on a federal question that is another story.

Last edited by abk; Apr 25, 2017 at 10:02 pm
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Old Apr 25, 2017, 10:05 pm
  #6532  
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Can someone tell me if there have been any news/reports of other plaintiffs (passengers on that flight) looking to join proceedings against United and others, as a result of what happened?

I mean, if I was within a couple of meters of what happened, and seeing someone been physically manhandled, seeing his head slam into the armrest, possibly hearing the face making contact with hard plastic ... then seeing the dragging of a (appearing lifeless) body, then bloodied passenger who runs up the aisle repeating he is about to die ... I mean, that's trauma to me. Some people live very closed, sheltered, sterile lifestyles and that to them, may be almost like it's in a war zone - and develop life long PTSD type conditions.

So far, the refunding of tickets to all passengers is nice but if me, I would want more!
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Old Apr 26, 2017, 5:10 am
  #6533  
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Originally Posted by no1cub17
I was thinking the exact same thing. For such a high-powered guy, he does a great job of talking like a layperson. He uses simple, everyday phrases ("rude treatment") that anyone can relate to. No wonder he's as good as he is.
Reminds me of the chicken lawyer on Futurama




or ofcourse this one...

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Old Apr 26, 2017, 5:47 am
  #6534  
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Originally Posted by alanslegal
Can someone tell me if there have been any news/reports of other plaintiffs (passengers on that flight) looking to join proceedings against United and others, as a result of what happened?

I mean, if I was within a couple of meters of what happened, and seeing someone been physically manhandled, seeing his head slam into the armrest, possibly hearing the face making contact with hard plastic ... then seeing the dragging of a (appearing lifeless) body, then bloodied passenger who runs up the aisle repeating he is about to die ... I mean, that's trauma to me. Some people live very closed, sheltered, sterile lifestyles and that to them, may be almost like it's in a war zone - and develop life long PTSD type conditions.

So far, the refunding of tickets to all passengers is nice but if me, I would want more!
I can't figure out if you are exaggerating to make a sarcastic point, or if you are just completely overreacting. Either way, you did elicit a giggle out of me.
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Old Apr 26, 2017, 6:00 am
  #6535  
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Originally Posted by LondonElite
I can't figure out if you are exaggerating to make a sarcastic point, or if you are just completely overreacting. Either way, you did elicit a giggle out of me.
False dichotomy. Some people might find the encounter as a witness of sorts to be grounds for a claim too, and such is not necessarily overreacting.
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Old Apr 26, 2017, 6:14 am
  #6536  
 
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Originally Posted by GUWonder
False dichotomy. Some people might find the encounter as a witness of sorts to be grounds for a claim too, and such is not necessarily overreacting.
But they're not forcing you to sit with your eyes open and watch? A passenger could have easily turned away or closed his/her eyes.

If you get sick or nauseous at the sight of blood and you go to the doctor and he/she needs to draw your blood, and does so in front of you, and you get nauseous which causes you to miss work for the rest of the day (and a potential new client meeting that has a potential new contract worth millions), you can't sue your doctor can you? (Not trying to be argumentative, just trying to understand why it's not overreacting?)
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Old Apr 26, 2017, 6:27 am
  #6537  
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Originally Posted by laxmillenial
But they're not forcing you to sit with your eyes open and watch? A passenger could have easily turned away or closed his/her eyes.

If you get sick or nauseous at the sight of blood and you go to the doctor and he/she needs to draw your blood, and does so in front of you, and you get nauseous which causes you to miss work for the rest of the day (and a potential new client meeting that has a potential new contract worth millions), you can't sue your doctor can you? (Not trying to be argumentative, just trying to understand why it's not overreacting?)
When encountering a violent scene, being aware and staying aware of what is going on is a form of engaging in self-preservation/protection. Covering your eyes like an ostrich in the aisle isn't necessarily all that smart when there is a violent encounter underway nearby.

Violent encounters do traumatize some people more than others. And it has little or nothing to do with overreacting, for people just react differently with some apparent "non-reactions" being possibly best classified as overreactions of a sort too.

Some people absorb violent scenes differently than other people. In this case UA and the UA-retained henchmen ought to have known quite well that a physical removal using force involves force, force of the sort that doesn't preclude violence. Given UA refunded all the passengers' money for this flight, it seems pretty clear that even UA thinks that subjecting their customers to seeing this scene was inappropriate.

Try telling a young child to close their eyes to a violent scene and see how productive that is, especially if your hands are not available to cover their eyes and ears. [For example: a then-young relative of mine saw a mob of people attack a suspected criminal on the street on a trip abroad, and the parental effort to try to get the child to ignore that scene wasn't all that easy even as the encounter didn't seem to cause the then-child any longer term issues from what I can tell.]

Last edited by GUWonder; Apr 26, 2017 at 6:33 am
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Old Apr 26, 2017, 6:39 am
  #6538  
 
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Originally Posted by bocastephen
This is against every single best practice for PR - a public trial dragging UA through the mud every day for weeks? The likelihood for a multi million dollar verdict? There is absolutely no way this is going to trial - they will write Dr Dao a big check, big enough to keep it out of court, even if that check is near the amount of a projected jury award.

The PR cost to United, and to the industry in general, would be staggering. They need this story to go away asap.
The price may be staggering but it is not infinite. There is also a cost to United (and the industry as a whole) for an award which is too extreme. A check above a jury award is one thing; a check that is a large multiple of a jury award is another.
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Old Apr 26, 2017, 8:27 am
  #6539  
 
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Originally Posted by GrayAnderson
The price may be staggering but it is not infinite. There is also a cost to United (and the industry as a whole) for an award which is too extreme. A check above a jury award is one thing; a check that is a large multiple of a jury award is another.
In the end, it is we, the flying public, who will pay for this lawsuit/settlement. Either through increased fees, if the government decides to regulate VDB/IDB and/or oversell policy, or through increased airfares:

1. If UA's image has been seriously damaged and flyers of conviction take their business elsewhere, then there will be higher demand for competitor seats, resulting in higher fares.

2. If United suffers no drop in demand for its seats, there should still be a gradual increase in airfares because stockholders will demand that the airlines better insulate themselves from potential legal problems. This would likely result in the end of the practice of oversells, which would invariably lead to higher costs.

In addition, given this AA situation with the stroller, it is probable that more items are likely to be banned from the cabin as allowable carryon, causing checked luggage fees to increase-i.e. free gate checks will no longer be permitted. Thus, all strollers will incur a fee at check-in, thereby disincentivizing anyone from trying to sneak a stroller into the cabin.

Last edited by zombietooth; Apr 26, 2017 at 8:40 am
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Old Apr 26, 2017, 9:59 am
  #6540  
 
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Originally Posted by zombietooth
In the end, it is we, the flying public, who will pay for this lawsuit/settlement. Either through increased fees, if the government decides to regulate VDB/IDB and/or oversell policy, or through increased airfares:
At this point, if increased fares are all that result from this, let it be. It's clear that beancounters will forever run airlines, and that they're going to make the flying experience so crushingly bad for anyone who wants to pay a cheap fare, that the only choice is to buy up to a better class of service. Alternatively, they tack on so many fees and surcharges that by the time you add them up, you should have paid the higher fare anyway.
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