Finally hit the big time. We're headed for the Supreme Court


Supreme Court to hear case of disgruntled frequent flyer | Reuters

 

What is your opinion?

Without digging too deep into this, it appears the Supreme Court might be closing the door on a Plaintiff shopping forums to circumvent the proper Federal jurisdiction. IMHO there are a number of issues ripe for the Supreme Court to reassert Federal preemption. The State Courts have been allowing Federal immigration agreements to be used in civil cases and obviously this instant case would subject airlines to State and Local rules.

 

Without digging too deep, I agree.
That, and the conservative justices are always looking for an opportunity to slap around the Ninth Circuit a bit.
That legal community out there in San Francisco is out of control. Somebody needs to periodically remind them of the existence of the US Constitution.

What puzzled me when I read this is how it ended up in a California court. This guy and NWA were both from Minnesota.

 

Wasn't looking down on anyone, nor was I calling out every single "yes" voter on the last TA. The mentality I described may have played a role among some, but IMO its more of a factor when things get tough. When guys can't walk away, management knows that, and they smack a bottle of champaign against the bow of the USS Imtimidation and slide their trusty battleship into the water.

I see all sides of the TA debate and I realize that there were yes and no voters for various reasons. I thought at the time that the raise and other improvements were on the too small side especially considering the concessions given to get it. That's behind us though. One good thing about it all is that next time the pay rates across the industry are much higher and the differential much less than the last time.

And regardless of one's opinions on what we deserve or should fight for, etc. I would hope we could all agree that maxing out one's finances trying to live the life we may actually truly deserve but can't live any other way is a significant collective liability come negotiations time. In good times but especially in bad.

 

Sailing,

Thank you for your honest and detailed answer to my question.

 

It was either Ed Bastian or RA that recently said that the 717 deal was a once in a lifetime event and they had to get them. Based on that statement I think the company would of come back to the table in a hurry. Don't forget the company is who really wanted the contract to be wrapped up asap.

I think that we had leverage (something the company wanted) and we let it go.

 

Kind of amazing a "common law" argument is making it's way to the Supremes. I thought withdrawal of an offer is pretty basic, even Jimmy Buffett's contracts state "We reserve the right to refuse service to anyone with a bad attitude." The Court of initial jurisdiction flatly stated the Plaintiff failed to state a claim.

The Plaintiff should not use access, provided to him as a result of Federal Law, to sustain a pattern of behavior did not for which he seeks to profit under a common law cause of action. More importantly, every local Court would establish a different standard, making an impossible mess for airlines to comply with. The "Good Faith" standard applied by the Circuit Court does not have a clear meaning. With 24 complaints and his constantly seeking compensation, did the Rabbi act in good faith? If the Rabbi had acted in good faith, then it can be reasonably presumed NW would have wanted to continue selling their services to the Plaintiff.

Just curious for those who know, does this Rabbi's church agree to let him use his professional title in the pursuit of monetary claims? The title is clearly being used to convey some greater authority or credibility. I did not read anywhere that he intends to donate the $5,000,000 plus other compensation he demands to his church, or charity.

http://www.vosizneias.com/88724/2011...rthwest-delta/Note in case a Rabbi wants to sue me - i'm no attorney and edited this from my phone, JMHO.

 

Well stated. That's why I voted no.

 

Now that right there is funny...I don't care who ya are!

Carl

 

I'm with you. But we'll never know now either way.