United may be in more trouble than you think

[martybegan]

Interesting interpretation of the concept of "overbooking", and an analysis that thinks that the fight wasn't legally overbooked, and United illegally removed the guy from the plane to insert their own employees.


United Airlines Did Not Have the Legal Right to Refuse Service to the Doctor Dragged Off Its Plane

The fact that the flight was not overbooked may seem trivial, or pedantic, but there is very important legal distinction to be made. There may not be a difference in how an airline (typically) responds when it needs additional seats, such as asking for volunteers who wish to give up their seat for a voucher or cash. But there is a legal difference between bumping a passenger in the instance of overselling a flight versus bumping a passenger to give priority to another passenger. Any thoughtful person can see the problem that arises if an airline were allowed to legally remove one fare-paying passenger to allow for another passenger it prefers.

Since the flight was not actually overbooked, but instead only fully booked, with the exact number of passengers as seats available, United Airlines had no legal right to force any passengers to give up their seats to prioritize others. What United did was give preference to their employees over people who had reserved confirmed seats, in violation of 14 CFR 250.2a. Since Dr. Dao was already seated, it was clear that his seat had already been "reserved" and "confirmed" to accommodate him specifically.

If this is true, the Doctor's lawsuit just got a big big boost.

 

[saveliberty]

I suspect there will be federal fines as well.