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Wed Apr 12, 2017, 10:21 AM

I have a ? as to UA re Dr. Dao

or maybe it is a general question.
Any way, Do the arbitration clauses that are all the rage in corp world force a person to agree to the outcome of the process? IOW can a person still pursue litigation if not satisfied with the settlement .

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Reply I have a ? as to UA re Dr. Dao (Original post)
ronatchig Apr 2017 OP
FBaggins Apr 2017 #1
lapfog_1 Apr 2017 #2
Turbineguy Apr 2017 #3
Ms. Toad Apr 2017 #4

Response to ronatchig (Original post)

Wed Apr 12, 2017, 10:31 AM

1. Probably not relevant in this case

Assault and/or excessive force would be claims against the officers who abused him. They wouldn't have protection from any arbitration clauses.

The arbitration clause would impact claims for compensation for being bumped from the flight, but there probably wouldn't be much point in litigation since the amounts are so small (compared to the cost of legal action).

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Response to ronatchig (Original post)

Wed Apr 12, 2017, 10:32 AM

2. Legally I doubt that United would be at fault.

There is "fine print" on your ticket that gives United to right to deny you your seat.

They and the airport police probably face some liability as to the method of dealing with an "un-compliant customer".

Where it really hurts them is the court of public opinion (and their stock value).

If the rage at United (especially in Asian countries) continues to the point where passenger bookings fall, the CEO probably loses his job... and a very public LARGE (20M +) settlement is going to be announced with the passenger.

I'm sure that lots of powerful law firms are offering to take this on as a contingency case for the good Doctor.

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Response to ronatchig (Original post)

Wed Apr 12, 2017, 11:36 AM

4. The answer is, it depends.

Adhesion contracts (pretty much every non-negotiable contract) are not always enforceable. (If you've ever bought pretty much anything with a licensee (a computer for example), purchased anythign with a long obnoxious contract that you signed (likely without reading it), you've entered into an adhesion contract - and forfeited your right to sue. That's because the vast majority of those require arbitration as the exclusive remedy. Every one I wrote to bind consumers did. Instead of just clicking "yes" to agree to your next software installation, review the terms. Do a CTRL-F for arbitration. I'll buy you dinner if it's standard commercial software and it doesn't include an arbitration provision.

To get to being unenforceable you have to establish that the provision is unconscionable - and arbitration clauses generally aren't. So - generally - no, you can't litigate if you don't like the court outcome.

But the $ here will come from tort claims (assault, battery) not from contract - so the contents of the contract are pretty much irrelevant.

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