Illinois Court: AA must put flight fares on Orbitz

Discussion in 'American Airlines | AAdvantage' started by rwoman, Jun 2, 2011.  |  Print Topic

  1. rwoman
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    rwoman Gold Member

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  2. TRAVELSIG
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    Very strange ruling.
     
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  3. rwoman
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    rwoman Gold Member

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    Business interests maybe?
     
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  4. JohnDeere19
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    Very strange, though I'd like to see them back on there.
     
  5. TRAVELSIG
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    I don't know IL law well enough to understand- it just seems incongruent with the earlier ruling.
     
  6. Kaanapali
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  7. sparxe
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    This seems weird to me. To me, this is like a court forcing a company to sell their product at a specific store, like Target or Macy's. And they don't want to because they can make money just fine without the middle man. How can AA be forced to do this??
     
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  8. DestinationDavid
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    Perhaps it has something to do with AA being a transportation provider that engages in interstate commerce?
     
  9. sparxe
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    Good point.

    But it's not as if the airline is still not available to everyone. Anyone can go to the American Airlines website and book. Putting them on Orbitz only helps Orbitz (and the rare traveler that ONLY looks for tickets on Orbitz).
     
  10. DestinationDavid
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    I was just giving a thought on why the court might be shaping it's opinion in that direction. I'm not a lawyer, and I'm not comfortable being a pundit on the legal landscape of these types of rulings. I'll leave that to others. :)
     
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  11. jfhscott
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    A couple of observations.

    First, the article does not provide nearly enough information to ascertain what the basis of the ruling is.

    But do note this quote:

    “The court should have preserved the status quo and should have ordered American Airlines to refrain from terminating any of the Orbitz agreements until the case was decided on the merits,” Judge Lee Preston’s ruling said on Wednesday.

    First, it appears that any obligation for AA to make tickets available arises out of "the Orbitz agreements" which AA apparently wanted to "terminate". I have no clue what those agreements say or if AA has any basis to terminate them.

    My inference is that this is not a final ruling, but an interim ruling fixing the rights/duties of the parties during the pendency of the proceedings. Injunctive relief pending a final ruling is particularly favored where one party will suffer irreparable harm if injunctive relief is not granted. That is, the party who might suffer irreparable harm is favored when it is necessary to determine an interim solution. I'd venture that Orbitz would be viewed as suffering irreparable harm, hence interim preference for them.

    Again, I'm struck by what the article does not report as much as by what it does, so my commentary should be read with due caution.

    (oh, yes, I am . . . .)
     
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  12. Kaanapali
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    Or in quasi-layman's terms: There is a contract between the parties...and before the court rules upon said contract's continued validity or right to terminate same..the court will make sure in the interim that the "status quo" is maintained between the parties (as explained very well by jfhscott)
     
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  13. Wurm
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    Wurm Silver Member

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    My prediction: Any AA tix sold on Orbitz will automatically be given seat assignments in middle seats next to the lavs, and upgrade requests will 'mysteriously' fail to go through :p:D
     
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  14. Kaanapali
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    Or upgraded to a later AE flight ;)
     
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