Disqus - Latest Comments for lunaticllama

Re: How Bad Was Hillary Clinton's Campaign?

lunaticllama — Sun, 23 Apr 2017 22:00:42 -0000

Would that be similar to the way sexual predator Trump believes he owns women's bodies?

Re: United Airlines Lost a Billion Dollars This Morning

lunaticllama — Wed, 12 Apr 2017 11:51:49 -0000

Just read United's Contract of Carriage. The section entitled "Rule 21 Refusal of Transport" begins, "UA shall have the right to refuse to transport or shall have the right to remove from the aircraft at any point, any Passenger for the following reasons: [list of when they can remove a passenger from an airplane]."

https://www.united.com/web/...

This is clearly the applicable section. Everyone is discussing the involuntary denial of boarding, but how can that section be applicable when it does not in anyway discuss removal of a passenger from an airplane and common sense suggests that once you have boarded an airplane you no longer can be involuntarily denied boarding?

I used to do plaintiff's PI work and if I were representing this passenger I would sue United for breach of the contract of carriage and for the torts of assault and battery and for negligence. It is almost certainly a breach of a common carrier's duty of care to a passenger to enlist law enforcement to violently eject a passenger from a vehicle in order for the carrier to breach their contract with that customer.

Re: United Airlines Lost a Billion Dollars This Morning

lunaticllama — Wed, 12 Apr 2017 09:11:37 -0000

Do you ever intend to supply any legal authority for your assertions?

Re: United Airlines Lost a Billion Dollars This Morning

lunaticllama — Wed, 12 Apr 2017 09:10:14 -0000

This is incorrect, insofar, as once you have boarded the plane, you can only be taken off under one of their "refusal to transport" exceptions under United's contract of carriage. Involuntary denial of boarding rules don't apply once you have boarded the aircraft.

Re: United Airlines Lost a Billion Dollars This Morning

lunaticllama — Wed, 12 Apr 2017 09:09:00 -0000

Once you've board the plane, United can only remove you under one of the "refusal to transport" exceptions under their contract of carriage. None of those exceptions applied to this matter. United got the cops to help them breach their contract of carriage and injure their customer. They are likely liable for both contract and tort damages.

Re: Which Airline Kicks Off the Most Passengers?

lunaticllama — Wed, 12 Apr 2017 09:06:00 -0000

United can figure out how to rent a car like millions of other businesses around the world!

Re: Eschaton: Nice Things

lunaticllama — Tue, 11 Apr 2017 20:10:13 -0000

United likely breached its contract of carriage. Enlisting police to help them breach this contract is a breach of United's duty of care to its passengers. It is facing both contract and tort damages for its actions and they almost are not certainly "legal" from a civil law perspective.

Re: Eschaton: Nice Things

lunaticllama — Tue, 11 Apr 2017 20:06:00 -0000

This is false. United likely breached their contract of carriage. As the passenger had boarded, it could only get the passenger off the plane under one of its specific "refusal of transport" clauses, none of which relate to any type of overbooking or United employee flying preferences. It also is likely liable for civil damages under a negligence theory.

Re: Eschaton: Maybe Just Alarmism

lunaticllama — Tue, 11 Apr 2017 19:56:04 -0000

By your definition, the tunnels are already partially failing. A derailment caused a complete stop to train service just law to week. Christie's big legacy is a completely defraded NJ transit and repeat delays on commuter trains in and out NYC.

Re: United Airlines Lost a Billion Dollars This Morning

lunaticllama — Tue, 11 Apr 2017 16:51:17 -0000

Also, it appears that United Airlines breached it contract of carriage in attempting to remove this passenger. United had not denied boarding to this passenger and was instead refusing to transport. Overbooking or anything similar is not grounds for refusal of transport under the contract of carriage:

https://www.united.com/web/...

Please provide the citation to any authority of law that permits a pilot to order a passenger assaulted so that an airline can breach its contract of carriage.

Re: United Airlines Lost a Billion Dollars This Morning

lunaticllama — Tue, 11 Apr 2017 16:46:23 -0000

Where in the federal reporter will I find this regulation or law?

Re: United Airlines Lost a Billion Dollars This Morning

lunaticllama — Tue, 11 Apr 2017 15:01:16 -0000

Hahaha ok. I hope United takes your advice and argues that the pilot had the right to order this man assaulted.

Re: United Airlines Lost a Billion Dollars This Morning

lunaticllama — Tue, 11 Apr 2017 13:50:51 -0000

Common carriers such as airlines also have a legal duty of care to take reasonable measures to protect their passengers from bodily harm. This duty exists regardless of whether they have revoked any limited license to be on their property.

Re: United Airlines Lost a Billion Dollars This Morning

lunaticllama — Tue, 11 Apr 2017 13:46:30 -0000

14 CFR 250.5, so federal administrative law (lawfully promulgated rules and regulations) and not statutory law:

https://www.law.cornell.edu...

Re: It's the War of All Against All In Washington DC

lunaticllama — Thu, 06 Apr 2017 12:16:40 -0000

Why are you opposed to congressional investigations into the Russian attacks that occurred 2016?

Re: It's the War of All Against All In Washington DC

lunaticllama — Thu, 06 Apr 2017 12:15:36 -0000

Hahaha. I understand - you believe we must do nothing to stop Russian cyber attacks. Go back to Moscow, you disgusting Russian bootlicker.

Re: It's the War of All Against All In Washington DC

lunaticllama — Thu, 06 Apr 2017 12:02:43 -0000

Why do you want to sell out American democracy to the Kremlin? Why do you want America not to defend itself against Russian cyber-attacks?

You should move to Moscow, you disgusting Russian bootlicker. You are a disgrace.

Re: It's the War of All Against All In Washington DC

lunaticllama — Thu, 06 Apr 2017 11:56:20 -0000

Why do you support Nunes' obstruction of an investigation into cyber attacks on our country last year? Do you believe we should refuse to defend ourselves against the Russians like Nunes and Trump? Why do you hate our country and refuse to defend it?

Re: Steve Bannon Dumped From NSC

lunaticllama — Wed, 05 Apr 2017 14:05:20 -0000

Unfortunately, he is already on it and it's being run by Jared Kushner.

Re: EU-Britain Divorce Will Get Started... Someday

lunaticllama — Wed, 29 Mar 2017 12:43:39 -0000

Hahaha. You don't even understand the differences between the EU's common market and a free trade zone. Hint: NAFTA doesn't try to harmonize economic regulations to allow the seamless flow of goods and people across borders.

Re: EU-Britain Divorce Will Get Started... Someday

lunaticllama — Wed, 29 Mar 2017 12:40:32 -0000

I understand conservatives have difficulty with things that have more than 1 cause. So let me say it again - historical events rarely have 1, and only 1, cause. I understand - you hate the peaceful Western democratic order that was created after World War II. Many people, however, like living in rich, peaceful societies.

Re: Republicans Now Considering How to Make a Bad Health Care Plan Into a Complete Wreck

lunaticllama — Thu, 23 Mar 2017 10:44:50 -0000

What are you talking about? If I need to pay more for insurance to cover my wife and my children's maternity and pediatric care, I am paying more. It will, by design, jack up rates on families.

Re: Republicans Now Considering How to Make a Bad Health Care Plan Into a Complete Wreck

lunaticllama — Thu, 23 Mar 2017 10:07:31 -0000

What's so strange is that this will directly lead to higher insurance costs for families (knocking out maternity and infant pediatric coverage). I think the question is very simple: why do you Republicans want to jack up insurance rates on families?

Re: Republicans Now Considering How to Make a Bad Health Care Plan Into a Complete Wreck

lunaticllama — Thu, 23 Mar 2017 10:06:20 -0000

It's the Republican war against families. They want to jack insurance rates on families to give Donald Trump a tax cut.

Re: AHCA Is the Legislative Broccoli That No One Wants to Eat

lunaticllama — Wed, 22 Mar 2017 13:49:10 -0000

I don't understand this argument. Because Republicans are going to destroy the ACA in the future, we should hope they do it sooner and more effectively today? It's like the argument that because of the possibility of the Social Security trust fund running out at some point decades in the future, we need to destroy the entire program today.