Trial by Jury is now scheduled in the USAIRWAYS( Now American Airlines) lawsuit 4757 miles

Discussion in 'General Discussion | Miles/Points' started by FrenchFry, Jul 9, 2016.  |  Print Topic

  1. FrenchFry

    FrenchFry Silver Member

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    Remember the 2011 dispute about USAIRWAYS offer of 4757 Dividend Miles per transaction.Remember the offer was available only via Dividend Miles member while they were logged in to their accounts. The offer stated that the offer was made " ON BEHALF of USAIRWAYS" followed by various statements intended to induce purchases and re-validate the terms of the offer: "There are NO restrictions at this time" and . "there is no limit to how many miles you can earn"

    Now less than two week before start of trial ( Case 13-0546) consolidated with case 12-3737, American Airlines ( successor to USAIRWAYS) after 5 years of ( unsuccessfully) playing every legal trick in the book, and spending millions of dollars defending these cases, has run out of options..

    Afraid of the potentially negative outcome and precedent set by a Jury Trial, American Airlines ) as successor to USAIRWAYS has offered to accept a Court Judgment be entered against itself.and in favor of Plaintiff and including payment of a monetary award in favor of Plaintiff. The "Rule 68" offer is structured in a manner which many on various websites and blogs consider "gangster-style", Remember the term from the GoodFather movie " an offer you cannot refuse" by potential threat of financial ruin to opposing party in case offer is refused and certain award thresholds are not met.
    .
    In the eyes of many people, this Offer of Judgment, is an implicit admission of liability.

    Since Defendant USAIRWYS claims that they do not know anything about who offered what via their USAIRWAYS.com website, Plaintiff has suggested that members of American Airlines senior management be called as witnesses at trial to impeach the credibility of those claims. The world's largest airline reaping financial benefits from this business model" and yet claiming not knowing ( or caring) about what is being offered to their most valuable frequent flyer customers under its own "store front" read website, is truly amazing.

    However, the Attorneys for American Airlines have indicated that such an effort will be resisted since the proposed witnesses are Non-Residents of Massachusetts and therefor can not be successfully compelled ( bothered) to appear.

    If there are other similarly situated person out there interested in the final stages of this lawsuit, they are welcome to contact me for further advise as how to proceed.and share some of the preposterous defense arguments they have presented at various times over the last 4 + years. The Statute of Limitations run out in June 2017

    Trial by JURY was DEMANDED by Defendants and Defendants alone.

    13-0546 was initially filed by Plaintiff in Boston Small Claims Court and could have been fairly and adequately adjudicated by a judge in 30 minutes or less.

    As an attorney in this case once uttered: "This is just a deep-pocketed war of attrition"
    by a major corporation.

    In the legal opinions issued in in connection with the judge's denial of USAIRWAYS various Motions, some are highly critical of the (in)credibility of statements submitted by American Airlines. .

    Most of the above is, or will be, public information available at the Clerks Office of the Suffolk County Superior Court in downtown Boston 10th floor.

    Over the next few days, I will post:

    a. the numerous Motions, including several dispositive Motions, filed over the last 4 years by USAIRWAYS/American Airlines and the Judge's rulings on such Motions. Almost all of the Motions were DENIED by the presiding Judge.It has been a virtual slap-down

    b. In addition I will show how their attorneys provided sloppy and defective legal work in the submission of one of their Motions, which of course was also DENIED.

    c. The immoral and possibly abusive practices deployed during my own Deposition in Boston as well as the Depositions of other Plaintiffs in Boston.


    You will not believe the low standards the world's major airline will go to in order to avoid liability. You will think the arguments were those of a local family-owned merchant.

    During the trial, nightly reports of that day's events will be provided if interest is indicated to me. .
     
    Last edited: Jul 10, 2016
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  2. Wandering Aramean
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    Wandering Aramean Gold Member

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    Is this the old Cartera case that Randy, Beaubo and a few others brought?
     
  3. gleff
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  4. Wandering Aramean
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  5. FrenchFry

    FrenchFry Silver Member

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    There are two separate cases as described above. First case has 26 Plaintiffs, The Second case 1 (me).. There exists no "Cartera" case..
     
    Last edited: Jul 10, 2016
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  6. Pizzaman
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    Wow. Didn't realize this was still going on. Wheels of, um, er, justice turn slowly.
     
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  7. FrenchFry

    FrenchFry Silver Member

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    Especially if there are some high paid lawyers, with unlimited client resources, to throw sand in the wheels and engage in a "protracted deep-pocketed war of attrition". Remember lawyers drafted the rules and lawyers exploit the rules, to the fullest, Every nook and cranny of them
     
    Last edited: Jul 11, 2016
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  8. FrenchFry

    FrenchFry Silver Member

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    It appears that American Airlines' appointed legal representative Jeffrey Rosin, operating out of a poorly lit 9th floor office in Boston called Constangy ... and something, woke up this morning in cold sweat realizing that he will actually get the Jury Trial he has wanted and demanded for the last 5 years.
    In a fit of desperation to avoid the jury trial, followed by humiliating precedent setting defeat, he filed an Emergency Motion to Dismiss ( his 10th I believe, 9 lost i.e denied by the Judge ) this morning with the Superior Court in Boston to avoid Jury Trial. In an unapologetic onset of legal hypocrisy, he states: " this matter should not continue to consume court resources , societal resources or the parties resources any further". He also noted that American Airlines has now suddenly at the very last minute discovered some "new fact".
     
    Last edited: Jul 11, 2016
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  9. Counsellor
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    Did he give the Judge (and you plaintiffs) any hint as to what this "new fact" is?
     
  10. FrenchFry

    FrenchFry Silver Member

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    As you will have guessed, it is not new at all. Its a key corporate 2011 data point known to everyone at American Airlines and USAIRWAYS , It was deceptively labelled as "new" and "newly discovered" as an reason for re-filing essentially the same motion to dismiss a second time, essentially getting a "second bite of the apple after loosing the last dispositive Motion in June 2016
     
    Last edited: Jul 23, 2016
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  11. WilliamQ

    WilliamQ Gold Member

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    So why not slap them a fine for actually wasting the Courts time for real.
     
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  12. FrenchFry

    FrenchFry Silver Member

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    I have requested sanctions.


    Here is a list of Law firms

    http://www.pyelegalgroup.com/file_repository/Gary Kennedy Departs American Reprint_201401220937.pdf

    American Airlines last General Counsel Gary Kennedy a great benefactor of various prestigious law firms happily doled out $ 248 million to various outside counsels. Even the "fee examiner" received $ 500,000. Must have been a baracuda feeding frenzy.

    Imagine how much customer service improvement could have been had for that amount of money.Maybe even a free simple ham and cheese sandwich is Economy class. Oh sorry in a three company national oligopoly without real competition, that is not really necessary.

    Hope he gets a good "advisory" position during his retirement at one of those firms.
    That is what I call good retirement planning..

    Constangy & Brooks is not even on the list. Sure they will try very hard to crank up up their billing machine into high gear so they can score high for 2015 and 2016 when Mr Johnson and Mr Warks started their gold dust spraying. I have over 40 inches = 3 feet 4 inches = 1 meter of "garbage" papers from them sitting in a box in the corner of my house starring apologetically at me. Since each distribution had a minimum of 8 recipients, you can imagine the sheer scale of cellulose waste. An entire forest I imagine..
     
    Last edited: Jul 12, 2016
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  13. FrenchFry

    FrenchFry Silver Member

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    American Airlines' 2nd Emergency Motion to Dismiss failed in Boston Superior Court, as expected,

    Thanks to all of you who have contacted me privately to express support.
     
    Last edited: Jul 23, 2016
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  14. FrenchFry

    FrenchFry Silver Member

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    Trial is however postponed.

    The Judge, at the July 18 hearing, also announced that the Petersen vs USAIRWAYS(now American Airlines ) and Hawaiian Airlines et al has settled.

    This occuring 2 days before trial and after 4 years of intense and deep- pocketed multi million dollar litigation is an implicit admission of liability and acknowledgement that the facts presented against it in a trial were hopelessly indefensible. Tens upon tens of millions of frequent flyer miles will now be issued to Mr Petersen and his co-Plaintiffs. If we included those miles issued ( possibly via secret side agreement ) to Plaintiff's Counsel we could easily talk north of 100 million Aadvantage / Hawaiian airlines Miles
     
    Last edited: Jul 23, 2016
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  15. gleff
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    Care to share the arguments made by AA for dismissal?
     
  16. Wandering Aramean
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    Are you certain of this? Are the settlement documents public?
     
  17. FrenchFry

    FrenchFry Silver Member

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    You could just try to call AA Investor Relations and ask for confirmation and a copy.

    As I recall, you were extremely pro Defendant back in 2011/12
     
    Last edited: Jul 24, 2016
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  18. Wandering Aramean
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    You've made many assertions in this thread. I'm trying to figure out which are backed by fact versus opinion.
     
  19. FrenchFry

    FrenchFry Silver Member

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    The best source for you, as a doubter, is obviously the Defendant himself or their attorney
     
    Last edited: Jul 24, 2016

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