Current Events > Dr. David Dao reaches settlement with United Airlines

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Theshamen
04/28/17 12:42:01 PM
#51:


UnfairRepresent posted...

WTF? Thats literally what you're doing.

And you're arguing against "real" lawyers and the company you're defending....

You're a massive hypocrite.


FTFY
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UnfairRepresent
04/28/17 12:47:44 PM
#52:


Jesus Christ ¬_¬
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Theshamen
04/28/17 12:50:15 PM
#53:


UnfairRepresent posted...


Not so because the passangers had already boarded. That makes it an airlines f*** up. Again I keep saying and you keep ignoring, Force Majeure is not "whatever reason we decide to boot you off for is okay."

You killed it yourself by bringing up examples such as blizzards.

I have to repeat that you have more traction with the "Disorderly, unsafe for staff" stances than "The airline f***ing up is force majeure."


Your obsession with "being boarded" is amusing

Time is a fluid thing and flights are only at specific times. If I remember correctly this was the last flight to that destination of the day, there was no other opportunity for UA to get those employees to that location lest they miss the flight they were supposed to return.

A flight crew running up against a work stoppage because of a weather delay is not something within the normal scope of control for UA hence why its a force majeure reason

Furthermore the fact that UA settled is not indicative of the strength of their case or whether or not they would have won if they went to court.

UA settled because they had a PR nightmare that made it more expedient for them to look conciliatory and end this episode as quickly as possible. It also explains why they "took responsibility" for the actions of the Aviation Authorities actions.

Finally there is no chance that a settlement is worth as much money as a full suit would have rewarded Dao as he'd be trying to go for a payout from both UA and the Aviation Authority. With the widespread attention of this case there would be no shortage of lawyers looking to do it pro bono or on contingency
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UnfairRepresent
04/28/17 1:03:52 PM
#54:


Theshamen posted...


Your obsession with "being boarded" is amusing

Because it's literally the thing that makes the case unique?

Any compotent airline sorts this out before boarding so this doesn't occur. That's literally why this is news.

Theshamen posted...

Time is a fluid thing and flights are only at specific times. If I remember correctly this was the last flight to that destination of the day, there was no other opportunity for UA to get those employees to that location lest they miss the flight they were supposed to return.

A flight crew running up against a work stoppage because of a weather delay is not something within the normal scope of control for UA hence why its a force majeure reason


That's debatable to begin with. I'd argue it wasn't. But the point remains that even if you make such a claim the airline still should have resolved it before boarding. Not after boarding and then attempt to claim the flight was oversold, when it was not.

What you're arguing here is the reason why the offer for volunteers to leave the plane should not have been capped at $800. Not why police should force people off the plane.

Furthermore the fact that UA settled is not indicative of the strength of their case or whether or not they would have won if they went to court.


Kinda does a little actually but it's not just the settlement. It's the response. They've now said they will allocate staff seats at least an hour before boading. This was soon after the incident. They never attempted to say "This was a force majeure situation" they literally said "We need to update our policy to handle this situation."

And this was before they were sued.

Theshamen posted...

UA settled because they had a PR nightmare that made it more expedient for them to look conciliatory and end this episode as quickly as possible. It also explains why they "took responsibility" for the actions of the Aviation Authorities actions.

Finally there is no chance that a settlement is worth as much money as a full suit would have rewarded Dao as he'd be trying to go for a payout from both UA and the Aviation Authority. With the widespread attention of this case there would be no shortage of lawyers looking to do it pro bono or on contingency

I agree with this. A settlement was the best choice for both parties.

I however disagree with your assertion that the fact they settled means they would have won in court. That's absurd. They settled to avoid 2 years of bad PR and a probable even bigger payout


I'll repeat again, and will continue to repeat:

"Force majeure " does not and can not mean "We can void this agreement for any fucking reason we like and then say it was unforeseen consequences, even if those consequences are our own fault because we're shit."

Hell such a statement would render the whole contract meaningless and they could be sued for that. If anything it would make the case even bigger.


"We fucked up with our staff and everyone had boarded." is not Force Majeure and an excuse to boot people off. It's a fuck up from the airline
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TheKingOf-Kings
04/28/17 1:23:10 PM
#55:


Why are there clowns here still defending UA? They lost, they are changing their policies, get over it.
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Theshamen
04/28/17 1:29:22 PM
#56:


TheKingOf-Kings posted...
Why are there clowns here still defending UA? They lost, they are changing their policies, get over it.


Because I prefer the rule of law and not mob rule


"Force majeure " does not and can not mean "We can void this agreement for any f***ing reason we like and then say it was unforeseen consequences, even if those consequences are our own fault because we're s***."


Well yes thats why they defined very specific reasons for force majeure in their contract all of which are out of their control.


"We f***ed up with our staff and everyone had boarded." is not Force Majeure and an excuse to boot people off. It's a f*** up from the airline


It is possible that whilst the boarding was happening united discovered this other need. And furthermore this occurance has likely played out dozens of times without incident, what made this unique is the fact that Dao refused to give up his seat and then resisted the aviation authorities attempts to make him leave in such a dramatic fashion.

Hell there was a passenger before Dao who was selected in the same lottery way who left the flight without incident.
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BLAKUboy
04/28/17 1:41:23 PM
#57:


TheKingOf-Kings posted...
Why are there clowns here still defending UA? They lost, they are changing their policies, get over it.

No one is. The dude's just trolling.
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UnfairRepresent
04/28/17 1:46:46 PM
#58:


Theshamen posted...


Because I prefer the rule of law and not mob rule

You don't seem to as seen here:

Theshamen posted...


Well yes thats why they defined very specific reasons for force majeure in their contract all of which are out of their control.


That's not the rule of law.

That's literally illegal.

In fact you're arguing for a much lager case being made against United Airlines for illegal contracts.

Thankfully it's nonsense however

Theshamen posted...

It is possible that whilst the boarding was happening united discovered this other need. And furthermore this occurance has likely played out dozens of times without incident, what made this unique is the fact that Dao refused to give up his seat and then resisted the aviation authorities attempts to make him leave in such a dramatic fashion.


We may never know but "Well they broke the law before and never caught." isn't a defense.

If it has ever happened before, it has not happened often as bumping passangers for staff is very rare and in the publically known cases that are coming to light, happen long long long before anybody boards. Because most airlines aren't this shit.

Hell there was a passenger before Dao who was selected in the same lottery way who left the flight without incident.


Yes there was 3

That doesn't make what happened to them legal.

"He was the only one who got hurt when the airline breached their contract, therefore the airline did nothing wrong." is a non-sequitur.
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Kim Kusanagi
04/28/17 2:40:33 PM
#59:


The Admiral posted...
3) The airline did not injure him.


Interesting. Who injured the man?
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ChromaticAngel
04/28/17 4:18:59 PM
#60:


I hope Theshamen is always first in line to volunteer at the gate to get a flight voucher when they're overbooked.
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Funkydog
04/28/17 4:22:03 PM
#61:


Kim Kusanagi posted...
The Admiral posted...
3) The airline did not injure him.


Interesting. Who injured the man?

The seat did.

So, it was destroyed as retribution.
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Kim Kusanagi
04/28/17 5:01:40 PM
#62:


@The_Admiral

Who injured Dr. Dao?
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apocalyptic_4
04/28/17 5:10:46 PM
#63:


Why continue a loosing argument here after getting rekt in your own topic about it?

Addy collecting L's today
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Kim Kusanagi
04/28/17 5:27:51 PM
#64:


I want to see him going nuclear.
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The Admiral
04/28/17 6:13:54 PM
#65:


Kim Kusanagi posted...
@The_Admiral

Who injured Dr. Dao?


A combination of the police and Rao's refusal to comply. No United personnel laid a finger on him.
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WizardPowers
04/28/17 6:19:16 PM
#66:


United fucked up big time. They deserve the loss.
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Kim Kusanagi
04/28/17 6:44:35 PM
#67:


The Admiral posted...
Kim Kusanagi posted...
@The_Admiral

Who injured Dr. Dao?


A combination of the police and Rao's refusal to comply. No United personnel laid a finger on him.


Hahaha, getting technical all of a sudden?

Your fella said that CPD isn't to blame, but you say it's their fault. Whose fault is it?
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The Admiral
04/28/17 7:18:23 PM
#68:


Kim Kusanagi posted...
Hahaha, getting technical all of a sudden?


Being able to distinguish two completely different entities is "getting technical" now?

Not the response I'd expect from a self-proclaimed genius.
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Kim Kusanagi
04/29/17 1:39:44 PM
#69:


The Admiral posted...
Kim Kusanagi posted...
Hahaha, getting technical all of a sudden?


Being able to distinguish two completely different entities is "getting technical" now?

Not the response I'd expect from a self-proclaimed genius.


You're giving semantics to cover your lack of agreement
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