LAWSUIT AGAINST BA FOR CLOSING ACCOUNT

[ChAiM'l]

btw what does lurkage even mean

http://en.wikipedia.org/wiki/Lurker

[txtmax4]

+1
btw what does lurkage even mean

http://en.wikipedia.org/wiki/Lurker

Really didn't mean to take this OT, just meant to do this:

I didn't have a comment, however I do want to follow this thread so I posted something in it so that it appears on "Show new replies to your posts"
Lurkage seemed like the right term for this.. or close to it 

Next time I'll post something like: "Oh, My! What a story!" 

[LAXtraveler]

Why would either side care for which court?
Why did the Plaintiffs want state, and BA federal?

Generally the rules in Federal court are more clear cut. This allows for a more organized (and prolonged) court battle which many individuals cannot afford or do not want to sustain.

[AJK]

Generally the rules in Federal court are more clear cut.

Says who?

[LAXtraveler]

Says who?

The FRCP are generally pretty clear and the courts over the years have made pleading and procedural standards pretty clear as well. Most state court procedural rules are not as clear.

Ask any large firm that does defense work where they would rather be, federal or state.

[AJK]

The FRCP are generally pretty clear and the courts over the years have made pleading and procedural standards pretty clear as well. Most state court procedural rules are not as clear.

Ask any large firm that does defense work where they would rather be, federal or state.

I'd ask and they'd say:

The reason why USC §1332 was passed by Congress (and diversity jurisdiction included in the Constitution by the Framers) was to give a non-resident party in a diversity suit a chance to avoid potential local bias. That is the predominant impetus when a party uses USC §1441/1446 to remove an action.

Besides, it isn't super clear (to me anyway) that a lawyer would shun ambiguity instead of exploiting it, even if you're right about procedure and motion practice being clearer under the federal standard.

[LAXtraveler]

I'd ask and they'd say:

The reason why USC §1332 was passed by Congress (and diversity jurisdiction included in the Constitution by the Framers) was to give a non-resident party in a diversity suit a chance to avoid potential local bias. That is the predominant impetus when a party uses USC §1441/1446 to remove an action.

Besides, it isn't super clear (to me anyway) that a lawyer would shun ambiguity instead of exploiting it, even if you're right about procedure and motion practice being clearer under the federal standard.

The answer you gave is not in response to the question I posed - my question was simply, would you rather be in federal or state court.

I am not disagreeing that local bias does not factor into it as well. I am saying that when there is more flimsiness judges are able to make more far-reaching decisions earlier on. Defense attorneys will generally (I didn't say always) want to strategically place their clients with the upper hand by having judges in federal court make rulings that are clearer. This preserves the ability to appeal on stronger grounds than it does in most state courts.

I am not saying this always will be the case, but if you look at the progression of cases - generally, if there is a "little guy" fighting a "big bad guy" the latter will try to remove to federal court if the original suit was filed in state court. Just the way it is.

[AJK]

The answer you gave is not in response to the question I posed - my question was simply, would you rather be in federal or state court.

And my answer implied that the predominant reason a company like BA (through its defense attorneys) would rather be in federal court as opposed to state court is the same reason which underlies the rationale of passing USC §1332 in the first place: to avoid potential local bias.

Defense attorneys will generally (I didn't say always) want to strategically place their clients with the upper hand by having judges in federal court make rulings that are clearer. This preserves the ability to appeal on stronger grounds than it does in most state courts.

Again, you're basing your assumption on the mistaken premise that the way to obtain the upper hand in litigation is to choose the forum in which the law is clearest. Often, that's not the correct tactic.

generally, if there is a "little guy" fighting a "big bad guy" the latter will try to remove to federal court if the original suit was filed in state court. Just the way it is.

...because of bias

[LAXtraveler]

Again, you're basing your assumption on the mistaken premise that the way to obtain the upper hand in litigation is to choose the forum in which the law is clearest. Often, that's not the correct tactic.

...because of bias

Perhaps at the big firms you have worked at (or currently work at) that's what the reasoning has been. Myself, my legal education has taught me that bias is not necesarily the main reason for removal, bur generally the clarity of the system. Two different approaches to get to the same result - removal.

Nonetheless, this disagreement is getting nowhere - and I have billable work to do.

[AJK]

Perhaps at the big firms you have worked at (or currently work at) that's what the reasoning has been. Myself, my legal education has taught me that bias is not necesarily the main reason for removal, bur generally the clarity of the system. Two different approaches to get to the same result - removal.

Fair enough.

Nonetheless, this disagreement is getting nowhere - and I have billable work to do.

Well, you shoulda said so:

Billables = $$$ which > stupid arguments

[smart brit]

Why is everyone going against ba IMO they are one of the best and responsible airlines around just because avios is worth less then united is a reason to hate???
Btw how did these guys value 146,000 points at 13,000usd

[Chaikel]

Why is everyone going against ba IMO they are one of the best and responsible airlines around just because avios is worth less then united is a reason to hate???
Btw how did these guys value 146,000 points at 13,000usd

Value of the ticket booked

[smart brit]

Value of the ticket booked

the round the world ticket? the closest i came up with was the lcy jfk round trip 80,000 avios and paying for this ticket in cash would be approx 5,500

[Dan]

LAX-LHR in F is over $22,000

[smart brit]

LAX-LHR in F is over $22,000

yep didn't think of that one as i never flew it

[LAXtraveler]

Last year some flights I looked at were $18,000 LAX-LHR-anywhere else in EU for F on BA.

[mclovin]

Why is everyone going against ba IMO they are one of the best and responsible airlines around just because avios is worth less then united is a reason to hate???

i think its more that people are just upset that airlines dont allow buying and sellling miles and will shut you down if they catch you. although i think BA might be one of the stricter airlines (or just better at catching people)

[Side incomer]

i think its more that people are just upset that airlines dont allow buying and sellling miles and will shut you down if they catch you. although i think BA might be one of the stricter airlines (or just better at catching people)

Disagree with you.
People are upset on "the way" they shut down accounts.
AA even if they are considered the most aggressive airline, they make sure you are fully aware of the process, and will give you a deadline till when you can respond etc...
Vs. BA that in most cases will not even notify that it was shut down, just come the airport and find out. This is not an option, only if the airline is 1000% sure that this was a sale. But how could the airline be sure, they can only guess, and so they MUST be in touch beforehand to verify this. And this is why people are angry on them, and same is to UA.

[mclovin]

Disagree with you.
People are upset on "the way" they shut down accounts.
AA even if they are considered the most aggressive airline, they make sure you are fully aware of the process, and will give you a deadline till when you can respond etc...
Vs. BA that in most cases will not even notify that it was shut down, just come the airport and find out. This is not an option, only if the airline is 1000% sure that this was a sale. But how could the airline be sure, they can only guess, and so they MUST be in touch beforehand to verify this. And this is why people are angry on them, and same is to UA.

i stand corrected. however doesn't AA do the same things with tickets many times. im pretty sure ive read here that barto will actually cancel your ticket after you flew the first half, really leaving you stranded

[SuperFlyer]

i stand corrected. however doesn't AA do the same things with tickets many times. im pretty sure ive read here that barto will actually cancel your ticket after you flew the first half, really leaving you stranded

+0.5 they will cancel the day of departure

yimach shemom