Recent content by Tummler

it doesn't appear that anyone is alleging otherwise, thought that likely the result of the plaintiff's inability to sue Mitsubishi The Honeywell experts do raise in interesting point concerning the placement of the fuel shutoff switches in a potentially low visibility location immediately above...

The filing concerned the deposition testimony of Honeywell's expert pilot. Honeywell provides an extensive description of what its expert pilot believes was the cause of Inhofe's crash. Interesting reading. The description of the Honeywell expert pilot's deposition testimony begins on the bottom...

Took off in VMC and flew into IMC. It would appear getthereitis got the best of the pilot: I couldn't find an official accident report. The following is the most sensible hypothesis I could find: http://www.pprune.org/rotorheads/596740-bride-killed-helicopter-crash-2.html#post9823263

No, you don not have that correct, and at this point I am beginning suspect you are just trolling. However, I will give you the benefit of the doubt and provide an earnest response. If the United employees told the officers that the passenger was subject to removal, the officers are likely to...

That will depend on what they were told by United's employees.

That is not the case. If you grant someone a license to be present on your property in exchange for valuable consideration, and that person has not violated the terms of the license, you cannot unilaterally revoke the license and demand they leave your property. They have a legal right to...

Agreed. However, United's CoC does limit United's available courses of action, which does not include the removal of boarded passengers to make room for other passengers. You just said the DoT regulations do not restrict this process. Which is it? If those regulations do not prevent United...

Agreed wholeheartedly, which is why the LEOs should have removed themselves from the situation when it was apparent the passenger was not a public safety risk.

How about this: police: Good morning sir. the doc: Hello. police: The flight crew is requesting that you de-board the plane. Please stand up, get your things, and we will walk you out of the plane back into the terminal. the doc: I paid for this seat. The flight was not "oversold," and I have...

The DoT regs do not prohibit airlines from affording its passengers greater contractual rights than the minimum required by the regs. Further, United's CoC does not indicate anywhere that the phrase "denied boarding," as used in the CoC, has a meaning that departs from its common meaning. As...

I am not enviable of the attorney who must make that argument based on United's Contract of Carriage. Rule 21 provides that United can remove passengers from planes under certain circumstances, which do not include oversold flights. Rule 25 provides that a passenger can be "denied boarding" on...

Agreed. Disagree. The passenger was United's licensee, and under the terms of the license pursuant to which the passenger was present on the plane, he was entitled to remain on the plane. United was powerless to remove him from the plane so long as the passenger did not act contrary to the...

Rule 5 provides the following with respect to oversold flights: "G. All of UA’s flights are subject to overbooking which could result in UA’s inability to provide previously confirmed reserved space for a given flight or for the class of service reserved. In that event, UA’s obligation to the...

As others have pointed out, United's Contract of Carriage does not permit United to demand that a passenger deboard an oversold plane to make way for another passenger. United was limited to preventing the passenger from boarding the plane. Once the passenger took his seat on the plane, it was...

I will ask next time I bump into him.