Business News & Finance
23.0K views | +2 today
Follow
 
Scooped by Tonya Scholz
onto Business News & Finance
Scoop.it!

NFL player says Florida should have gay marriage

NFL player says Florida should have gay marriage | Business News & Finance | Scoop.it
Another sign of the culture’s rapidly changing views on the issue of same-sex marriage came Tuesday with a push for gay marriage in Florida – from Brendon Ayanbadejo , who was a linebacker for the Super Bowl champion Baltimore Ravens .
more...
No comment yet.
Business News & Finance
Latest Business News & Finance
Curated by Tonya Scholz
Your new post is loading...
Your new post is loading...
Scooped by Tonya Scholz
Scoop.it!

Florida Real Estate Faces a Nightmare

Florida Real Estate Faces a Nightmare | Business News & Finance | Scoop.it
 

On a predictably gorgeous South Florida afternoon, Coral Gables Mayor Jim Cason sat in his office overlooking the white-linen restaurants of this affluent seaside community and wondered when climate change would bring it all to an end. He figured it would involve a boat.

When Cason first started worrying about sea-level rise, he asked his staff to count not just how much coastline the city had (47 miles) or value of the property along that coast ($3.5 billion). He also told them to find out how many boats dock inland from the bridges that span the city’s canals (302). What matters, he guessed, will be the first time a mast fails to clear the bottom of one of those bridges because the water level had risen too far.

“These boats are going to be the canary in the mine,” said Cason, who became mayor in 2011 after retiring from the U.S. foreign service. “When the boats can’t go out, the property values go down.”

more...
No comment yet.
Scooped by Tonya Scholz
Scoop.it!

THIS JUST IN: FTC Takes Action Against Influencers, Marketers Over Sponsored Posts

THIS JUST IN: FTC Takes Action Against Influencers, Marketers Over Sponsored Posts | Business News & Finance | Scoop.it
In a landmark bout of activity, the Federal Trade Commission (“FTC”) has
announced that it is, in fact, watching celebrities, athletes, and other
influencers on Instagram. According to a statement from the government
agency, after reviewing Instagram posts by celebrities and influencers, its
staff has sent out more than 90 letters reminding influencers and marketers
that they must clearly and conspicuously disclose their relationships when
promoting or endorsing products through social media.
more...
No comment yet.
Scooped by Tonya Scholz
Scoop.it!

Be Wary of Designs to Avoid Employment Taxes through Wellness Plan Benefits

Be Wary of Designs to Avoid Employment Taxes through Wellness Plan Benefits | Business News & Finance | Scoop.it
In the IRS Chief Council Advice Memorandum 201622031, the IRS addresses the tax treatment of three different situations in which wellness benefits result in taxable income to employees.
more...
WindsorStreet Capital's curator insight, April 20, 6:33 AM

WindsorStreetCapital

Scooped by Tonya Scholz
Scoop.it!

Tax Day Reading of Our Glorious Tax Code

The folks from the Tax Revolution Institute read the tax code so you don't have to. Well, the first little bit of it anyway: we only have 14 hours o

more...
No comment yet.
Scooped by Tonya Scholz
Scoop.it!

The Longest Book Millennials Won’t Read: The Tax Code

The Longest Book Millennials Won’t Read: The Tax Code | Business News & Finance | Scoop.it

If we are going to #AxTheTax, we need strong leaders who will help hold our government accountable. Thankfully YAL and others continues to cultivate more leaders every day. Perhaps someone in their organization can be the next Ron Paul setting the record straight that, “Taxation is theft.”

more...
No comment yet.
Scooped by Tonya Scholz
Scoop.it!

Group protests Tax Day by reading US tax code outside IRS building

Group protests Tax Day by reading US tax code outside IRS building | Business News & Finance | Scoop.it

As millions of Americans scramble to file their tax returns, one group is protesting the complexity of the U.S. tax code by reading it out loud in front of the Internal Revenue Service headquarters in Washington on Tuesday.

The Tax Revolution Institute, a nonprofit advocating for a simpler and "voluntary" tax system, organized the protest and hopes members of the public will stop by their setup, complete with plush recliners, and help them read as much of the tax code as they can before sundown. 

"The purpose of the protest is to highlight the absurdity of the U.S. tax code," says Dan Johnson, the executive director of the Tax Revolution Institute. "Few Americans can comprehend it, much less comply with it."

Coming in at 74,608 pages in length, the U.S. tax code is the longest in the world. It has grown steadily over time, with most of the growth coming in the last 30 years. It has nearly tripled in length since 1984.

more...
No comment yet.
Scooped by Tonya Scholz
Scoop.it!

Countdown To Retirement Begins! Tax Code To Disappear On December 31, 2019?

Countdown To Retirement Begins! Tax Code To Disappear On December 31, 2019? | Business News & Finance | Scoop.it

It's April 14th. Yet through a cruel twist of fate, you've still got FOUR DAYS - including an extra weekend -- of tax season left. It's been two months since you bid goodbye to your family and relocated to your office, and you're at your breaking point. You spend the majority of your waking hours either quietly sobbing in your car, or daydreaming of an alternate existence. One where you're a racecar driver. Or an underwear model. But most importantly, one where the tax law doesn't even exist.

Well, do I have some welcome news for you. If one Congressman has his way, you've only got four busy seasons left, and that holds true whether you're sixty years old or just starting your career. Because beginning in 2020, the tax law will be no more.

 

As you may have noticed, our current Internal Revenue Code is a bit of a mess. Between the Code and Regulations it comprises nine volumes of text, and that doesn't include a century's worth of administrative rulings and judicial precedent. There are tens of thousands of pages. Tangles of limitations, thresholds, and exceptions to exceptions. At the moment, we have a whopping ten possible tax rates on ordinary income, and another five on long-term capital gains and dividends. It's a disaster.

 

Tax reform is the answer, but it's much easier to talk about than to execute. The Code got to be the monstrosity that it is through the catering to special interests groups by Congress, and those special interest groups, and the Congressman in their pockets -- remain. As a result, removing even a single loophole has become a Herculean task.

As we approach the November election, you'll hear both sides loudly proclaim their desire for an overhaul of the tax system and the need for simplicity, but it's little more than posturing. Republicans and Democrats have such disparate views of the basic elements of an effective tax system -- with Democrats embracing ever-higher rates, while Republicans want lower rates and fewer deductions -- dreaming of an easier-to-manage Code is a fool's errand. To get both sides to agree, some drastic measure would have to be the impetus for change.

 

Enter Congressman Bob Goodlatte (R-VA) and his "Tax Code Termination Act." Goodlatte sponsored H.R. 27, a bill that would do exactly what it sounds like: put an end to the Internal Revenue Code.

more...
No comment yet.
Scooped by Tonya Scholz
Scoop.it!

I'm Sorry Our Officers Dragged Doctor Off United Plane, Aviation Boss Says

I'm Sorry Our Officers Dragged Doctor Off United Plane, Aviation Boss Says | Business News & Finance | Scoop.it

Aviation Commissioner Ginger Evans apologized Thursday for allowing a Louisville doctor to be dragged off a United Airlines flight Sunday and seriously injured.

Dr. David Dao's nose was broken, two of his front teeth were lost, and he suffered a concussion during the incident, his attorney said Thursday morning.

“I want to express our extreme regret for the actions of our officers," Evans said at an emergency hearing of the City Council Aviation Committee.

Ald. Michael Zalewski (23rd) called the incident that was captured by several other passengers on widely seen videos a "nightmare" that was "totally avoidable.

Zalewski said there were no excuses for the incident that began when several Aviation security officers gathered around Dao's seat before one officer lunged at him, dragging him forcefully out of his seat as the doctor wailed.

"We have to make sure this never happens again," Zalewski said.

Three Aviation security officers have been suspended with pay in connection with their role in this incident.

None of the officers, who are represented by the Service Employees International Union, have been identified by city officials.

Evans said a complete investigation of the incident was underway, and the results would be released publicly when the investigation is complete.

In response to heated and repeated questioning by 14th Ward Ald. Ed Burke, Evans acknowledged that Aviation security officers had been ordered to no longer wear uniforms emblazoned with the word "police."

Evans said the Aviation security officers were told in January to identify themselves as "security."

more...
No comment yet.
Scooped by Tonya Scholz
Scoop.it!

Addicts Who Can't Get Opioids Are Overdosing on a Diarrhea Drug

Addicts Who Can't Get Opioids Are Overdosing on a Diarrhea Drug | Business News & Finance | Scoop.it
“We’ve had patients tell us they take 400 to 500 tablets day … They put it in a blender and make a smoothie and drink it over one or two hours.”
more...
No comment yet.
Scooped by Tonya Scholz
Scoop.it!

Scorpion stings United Airlines passenger during flight

Scorpion stings United Airlines passenger during flight | Business News & Finance | Scoop.it
A scorpion recently fell from the overhead compartment during a United Airlines flight and stung a passenger. 
more...
No comment yet.
Scooped by Tonya Scholz
Scoop.it!

2 more aviation officers involved in removing passenger from United plane put on leave: officials

2 more aviation officers involved in removing passenger from United plane put on leave: officials | Business News & Finance | Scoop.it
United Airlines CEO Oscar Munoz said he felt "shame" when watching viral videos of a passenger being dragged from his seat aboard a Sunday night flight in an interview with "Good Morning America" on Wednesday.
more...
No comment yet.
Scooped by Tonya Scholz
Scoop.it!

Bill would bar airlines from forcibly removing passengers for overbooking

Bill would bar airlines from forcibly removing passengers for overbooking | Business News & Finance | Scoop.it

U.S. Sen. Chris Van Hollen announced on Wednesday the Customers Not Cargo Act, which would prohibit airlines from forcibly removing passengers after they have already boarded the plane due to overbooking or airline staff seeking to fly as passengers.

 

This comes days after a Kentucky man was forcibly pulled from his seat aboard an overbooked United Express plane in Chicago.

United's CEO has since apologized for the incident.

 

Van Hollen wrote to his colleagues to invite them to join the legislation as he finalizes the bill text.

 

more...
No comment yet.
Scooped by Tonya Scholz
Scoop.it!

Dear Brands: We're All Publishers Now -- So Behave, Or Else

Dear Brands: We're All Publishers Now -- So Behave, Or Else | Business News & Finance | Scoop.it
You couldn't make it up. United Airlines has, as Millennials say, "broken the internet" again. Just a month after it banned a young girl from boarding a plane because she was wearing leggings, along comes video of a bloodied passenger being manhandled and dragged off one its domestic flights.

The lesson for brands is that everything is now televised. Every decision your staff makes, every interaction or decision and its consequences will be recorded and played back on social media to a global audience. United's response to learning this lesson? The head of the airline, Oscar Munoz, claimed to be "upset" by what happened, but cautioned that the paying passenger being ejected from the flight due to the airline's overbooking error was "disruptive and belligerent."

It brings back into sharp focus the CIM research that I have already linked to in a previous London Blog. The central challenge is that nearly nine in ten realise that with the rise of social media and everyone turning into a news reporter, brands need to be seen to acting ethically. The rub comes with responsibility. Much of what can drag a brand name through the mire is not under the control of marketing. Its staff at a well-known pizza chain making someone's dinner in a very unhygienic manner and then sharing it on social, it's a flight attendant barring a girl from a flight over leggings or instructing security to drag a bloodied passenger down the aisle and off their plane. 

Hence, nine in ten realise an ethical brand image is crucial, but 70% claim they need more of a voice throughout the organisation to guard against it happening. More than nine in ten -- 95% -- claim it's crucial that marketing gets more influence across the brand to guard against exactly what just about everyone on the internet has viewed over the past 24 hours. And it's not just your brand's own actions. Just imagine what its Star Alliance partner airlines -- including Swiss, Lufthansa, SAS and TAP Portugal -- are making of recent events at United. Hardly a ringing endorsement, is it? Fancy a code share or using your air miles with the airline that drags semi-unconscious, fee-paying passengers down the aisle?

It was only a few years ago that a group of journalists and I were on an overbooked Virgin Atlantic flight to New York. There were no restraints, no police officers dragging us off the plane. A simple offer of an upgrade to the Upper Cabin, a bunch of air miles and an apology for the inconvenience was enough. Similarly, the only other time I'd been bumped from a flight, an upgrade, accommodation and air miles made the indignation seem a lot more acceptable. It seems very odd to me, a failing even, that this issue wasn't spotted sooner and passengers tempted away from boarding so security wasn't required to drag a man out of his seat.

Then, once on the flight, if you offer $800 each for four people to disembark and nobody puts their hand up, it might tell you more about the number you've just offered than the passengers who refused it. Make it a round thousand and I bet some hands would have gone up. Compare the cost of raising the offer, an extra $200 for four people, against the cost of the crew missing their ticket to their next flight, which would likely then have had to be cancelled. It doesn't even compare, does it?

More importantly, compare the cost to United's brand image, and a few hundred extra bucks looks like chicken feed. The Drum quotes experts this morning claiming the brand damage could run in to a six- or even seven-figure sum in terms of lost bookings and crisis PR management.

It is becoming a cliche, but it's worth mentioning each time an episode like this happens. Everyone is now a publisher. Period.

Whether it's the brave face of a Birmingham lady of Asian heritage standing upto an English Defence League yob, a cop acting badly or a passenger being ejected from a flight, nearly every action that a brand's people perform will be caught on camera. If this is not part of your training regime, then marketing needs to step up to the plate to ensure that it is.

Another golden opportunity awaits here for marketing to demonstrate how its influence and counsel is needed throughout the organisation, not just within its own four walls. 

 
more...
No comment yet.
Scooped by Tonya Scholz
Scoop.it!

Citizens Climate Lobby Earth Day - Learn and Act

Citizens Climate Lobby Earth Day - Learn and Act | Business News & Finance | Scoop.it

Scientist Alec Bogdanoff, PhD Science Director of Coastal Risk Consulting (CRC) in Plantation, FL (www.coastalriskconsulting.com) will present about causes and effects of local flooding caused by King Tides, storm surges, and sea level rise.

Geosciences Doctoral student Andrew Kamerosky of Florida Atlantic will explain about the effects that climate change is having on our local wildlife

We will be raffling off some door prizes to registered guests.
Light refreshments will be served.

more...
No comment yet.
Scooped by Tonya Scholz
Scoop.it!

Hollywood Studio Picks Up Justin Chon’s Gook

Hollywood Studio Picks Up Justin Chon’s Gook | Business News & Finance | Scoop.it
Gook by Justin Chon Justin Chon’s Gook will be screened nationwide this summer. The Next Audience Award winner at the Sundance Film Festival has been picked up by Samuel Goldwyn Films, reported Variety. The film evolves around the story of two Korean American brothers and their unlikely friendship with an 11-year-old African American girl during the height of racial tensions and the 1992 Los Angeles riots. “The core ethos of our company is to offer original voices and uniquely told stories the opportunity to reach a broad audience and we could not be more proud to bring such a relevant film from an emerging filmmaker into the marketplace,” said Peter Goldwyn, president of Samuel Goldwyn Films. Chon both directs and stars in the film alongside David So and Simone Baker, who portrays the 11 year old. Gook is also scheduled to play at the upcoming San Diego Asian Film Festival on April 29th. The film is produced by James J. Yi and Alex Chi and is based on an incident during the Koreatown riots.
more...
No comment yet.
Scooped by Tonya Scholz
Scoop.it!

A Tax Day Protest for the Ages | Robin Koerner

A Tax Day Protest for the Ages | Robin Koerner | Business News & Finance | Scoop.it
The Tax Revolution Institute isn't marching or writing letters. No, this year, they're protesting our 74,000-page theft code by... reading it. In front of the IRS building. For the whole world to see. All day. It's happening right now and you can watch it here.
more...
No comment yet.
Scooped by Tonya Scholz
Scoop.it!

Column: Why we need to rewrite our tax code from scratch

Column: Why we need to rewrite our tax code from scratch | Business News & Finance | Scoop.it
As we’ve seen in other countries, the way to bring about fundamental change in a dysfunctional tax code is to start over.
more...
No comment yet.
Scooped by Tonya Scholz
Scoop.it!

Beat the Clock: Libertarian Thinktank Tries to Read Entire IRS Code on Tax Day - The Liberty Conservative

Beat the Clock: Libertarian Thinktank Tries to Read Entire IRS Code on Tax Day - The Liberty Conservative | Business News & Finance | Scoop.it

Analysts from the Tax Revolution Institute (TRI), a Washington D.C.-based libertarian thinktank, are attempting to read the entire federal tax code outside the Internal Revenue Service (IRS) building. They will read for 14 straight hours today through the convoluted minutia of the documents, hoping to finish reading it in its entirety when the day is concluded. They are calling their display the "Tax Day Reading of Our Glorious Tax Code" and it is already underway. The livestream of this demonstration can be found here. "Complying with the tax code costs the United States a cool trillion dollars per year. That’s the entire GDP of Mexico," TRI Communications Director Robin Koerner said in a Liberty Beacon op/ed. In the fiscal year 2016, the federal government confiscated an incredible $3.27 trillion from taxpayers, which set a new record. Income taxes contributed a staggering $1.55 trillion to that total, nearly half of the revenue collected. This still wasn't enough to cover the operating costs of the federal government, as they still ran a deficit of $587 billion. The income tax system has drawn frequent ire from conservatives and libertarians, but substantial reform has been a non-starter. The TRI is bringing a new idea to the forefront of the discussion that they hope will finally gain enough traction to be enacted: voluntary taxation. Founded in 2015, TRI's goal is to create less coercive federal tax code. They envision a tax code where individuals could choose to spend their money on programs that they support. The project is in its initial stages, and TRI hopes to raise awareness of their solution with protests and displays like the one they are holding today. "The future is promising if we take decisive action. The American people deserve better. We can do better," TRI founder Daniel Johnson said. The demonstration is expected to go into the long hours of the night. | The Liberty Conservative is an online political magazine devoted to the vision of less government and more liberty in achieving true prosperity for all. We intend to accomplish this by informing and educating our readers on our core values of free markets, limited government, non interventionism, and personal freedom.

more...
No comment yet.
Scooped by Tonya Scholz
Scoop.it!

Korean man sues American Airlines for discrimination in bumping

Korean man sues American Airlines for discrimination in bumping | Business News & Finance | Scoop.it

After a 69-year-old doctor forcibly removed from a United Airlines flight because the airlines needed his seat for a crew member, a Korean pastor has launched a lawsuit against American Airlines alleging discrimination in being bumped from a flight.

 
Pastor Benny Shin filed the lawsuit Thursday. The suit was formally filed about two hours after Dr. David Dao’s lawyers held a press conference announcing they are most likely going to file a lawsuit against United Airlines for injuries caused to their client after he was forcibly removed from a United flight on Sunday.
 
Shin’s lawsuit was first reported by TMZ. The incident that is subject of the Korean pastor’s lawsuit occurred in June 2016 when Shin planned to fly from Dallas to Corpus Christi. He had a ticket and was waiting to board the flight until a gate agent told him he couldn’t.
 
According to court filings, Shin had purchased his ticket and had selected his seat but was still not allowed on the plane. He further alleges there were between five and seven white people in line behind him and they were allowed to board. American gave him a voucher to fly the next day.
 
Shin is suing for $6 million, claiming the experience left him humiliated, embarrassed and he was scared when he was not allowed to board the plane.
 
The incident involving Dao and United Airlines has drawn a lot of attention to the policy of airlines overbooking and bumping passengers. Airlines traditionally sell more seats than their planes can hold so they do not have empty seats as a result of no-shows. When the flight remains overbooked as in the case of United Airlines Flight 3411, the airline ask for volunteers to miss the flight in exchange for a later flight, monetary compensation and if required, accommodation. If there are not enough volunteers, they choose people to keep off the plane.
 
Outrage on social media was perhaps the strongest in China and Vietnam where users claimed Dao was removed from the flight because of his race.Outrage over what happened to Dao led for calls to further legislate airlines regarding overbooking and bumping. New Jersey Governor Chris Christie is calling for regulatory reforms of the airline industry. Christie told Fox & Friends, 70 percent of flights to and from Newark’s airport is operated by United Airlines and many people have no choice. He said, “The attitude of that airline is terrible.”
 
In Canada, Transportation Minister Marc Garneau said what happened with the United flight is “unacceptable” in Canada and the government is working on new legislation that will include a passengers’ bill of rights. 
 
In the wake of the outrage caused by what happened in Chicago on Sunday, more lawsuits such as the one brought by Shin can be expected.
more...
No comment yet.
Scooped by Tonya Scholz
Scoop.it!

United failed doctor David Dao 'at every level'

United failed doctor David Dao 'at every level' | Business News & Finance | Scoop.it

Sky's Kay Burley asks: Has an industry that runs on safety, trust and professionalism forgotten that passengers are people too?

more...
No comment yet.
Scooped by Tonya Scholz
Scoop.it!

United did NOT take David Dao's bags off plane

United did NOT take David Dao's bags off plane | Business News & Finance | Scoop.it
Dr David Dao, who was dragged off a Untied plane from Chicago to Louisville on Sunday was further insulted when the airline withheld their luggage, sending it on a convoluted path home.
more...
No comment yet.
Scooped by Tonya Scholz
Scoop.it!

United outrage is felt in Little Saigon: 'Did they think he's a quiet minority who won't resist?'

United outrage is felt in Little Saigon: 'Did they think he's a quiet minority who won't resist?' | Business News & Finance | Scoop.it

Minh Phu Le’s cousin called her about the news shaking up Little Saigon: The man who’d been dragged off a United Airlines flight, seen in a viral video, was someone they all knew.

"I can't believe it's him,” Le recalled saying after viewing the footage, over and over, of Dr. David Dao. “And I can't believe they're treating him like that, bloodied and confused. I was so angry."

Dao is a familiar presence in Orange County’s Vietnamese cultural district, where he frequently performs traditional music, as well as his own compositions, at community concerts.

Talk of his online image — ashen and injured — has dominated discussions this week at bakeries where immigrants sipped iced coffee and in hair salons in between cuts and perms.

Dao, 69, had been heading home to Kentucky after celebrating at a reunion of medical school friends in California. During a stop in Chicago, officials forcibly removed him from his seat after he refused to leave the overbooked United flight.

Dung Nguyen, a leader in Kentucky's Vietnamese community, said he was stunned when he recognized Dao as the central figure in the viral video.

more...
No comment yet.
Scooped by Tonya Scholz
Scoop.it!

United Airlines, Dr. Dao and Contract of Carriage

United Airlines, Dr. Dao and Contract of Carriage | Business News & Finance | Scoop.it

We live in a society where everyone is a potential source of video ‘news’.  Today people tend to reach for their phone to video a situation rather than to make any attempt to intervene or help.  This week United Airlines felt the brunt of amateur news footage.  Several people on United Airlines flight no. 3411 taped the aggressive removal of Dr. Dao from the plane.   The videos went viral, and the incident dominated the headlines.  As a result United lost an estimated $1.4billion in market value[i] and this is just the beginning.  Just 3 days after the incident, Dr. Dao has already begun his legal filings. On April 12, 2017, lawyers on behalf of Dr. Dao filed a motion to preserve evidence.  With the filing of the first court document in this matter it appears likely that a lawsuit will follow shortly.  

Pundits have by and large argued that United was within its legal right to forcibly remove Dr. Dao from flight 3411 under the terms and conditions of United Airlines contract of carriage.  A closer look at the contract for carriage itself, leads me to conclude that this is not the case.  Two rules in the contract for carriage are particularly relevant to this discussion - Rule 21 and Rule 25.  United Airlines Contract of Carriage Rule 21 deals with “Refusal of Transport”[ii] and Rule 25 addresses “Denied Boarding Compensation”. [iii]  

Rule 25 “Denied Boarding Compensation” has two sections (A and B) but only section A is relevant to Dr. Dao’s case.  Section A of Rule 25 lists 6 provisions: 

1. Request for Volunteers

2. Boarding Priorities

3. Transportation for Passengers Denied Boarding

4. Compensation for Passengers Denied Boarding Involuntarily

5. Payment Time and Form for Passengers Traveling Between Points within the United States or from the United States to a Foreign Point

6. Limitation of Liability – doesn’t apply because this was not a denied boarding incident.

The provisions at issue in the Dr. Dao case are 2, 4 and 6.   

Under provision 2 ‘Boarding Priorities’, United may deny boarding if, after offering compensation, there are not enough volunteers to willingly give up their seat. If a passenger is denied boarding involuntarily it is to be done in accordance with UA’s boarding priority which in Dr. Dao’s situation would be:

“b. The priority of all other confirmed passengers may be determined based on a passenger’s fare class, itinerary, status of frequent flyer program membership, and the time in which the passenger presents him/herself for check-in without advanced seat assignment.”

Under provision 4 ‘Compensation for Passengers Denied Boarding Involuntarily’ UA shall pay passengers denied boarding involuntarily 400% of the fare up to a maximum of $1350USD. 

Provision 6 ‘Limitation of Liability’ limits United’s liability to actual damages up to $1350USD and also excludes recovery for punitive, consequential or special damages for ‘failing to provide the Passenger with confirmed reserved space.’

Rule 21 “Refusal of Transport” gives United to the right to remove from the aircraft a passenger who violates any of the stated reasons. Based on the facts as they have been presented to date it appears that Dr. Dao was not removed for any of the stated reasons in Rule 21: 1) Dr. Dao did not breach the contract of carriage; 2) He was not asked to leave because of a government request, regulation or security directive; 3) There was no force majeure or other unforeseeable condition; 4) There was no necessity to search Dr. Dao or his property; 5) There was no issue with his identification; 6) Dr. Dao had paid for his ticket; 7) He was not travelling across international boundaries and finally; 8) None of the 19 safety issues stated in Rule 21 applied.   

The problem that United faces is that, it appears, they breached their own Carriage Contract.  Dr. Dao was not denied boarding.  United should have, as most carriers do, taken care of the oversold situation before boarding passengers.  Once boarded, UA’s own contract controls with respect to why a passenger can be removed from a plane and being oversold is not a stated reason.

It has been argued that ‘boarding’ includes being seated on the plane while the plane is still at the gate.  As boarding is not defined in the contract, and when read in conjunction with Rule 21 which uses the language ‘remove from the aircraft’, there is at best ambiguity and as anyone who has studied contracts knows – ambiguity is construed against the drafter.

It would appear after analyzing the Contract of Carriage that United was not within their right to have Dr. Dao forcibly removed.    

This ultimately leads to an analysis of the limitation of liability clause.  This too should fail.  The limitation of liability should be restricted to instances where there was a denial of boarding.   Nothing in United’s limitation of liability should apply to Dr. Dao’s inevitable myriad of claims associated with his forcible removal from the plane. 

Simple common sense, not to mention following their own terms and conditions, could have averted this PR nightmare for United. The terms and conditions provides for up to $1350USD in compensation for an involuntary bump, so why stop at $800USD when they most likely would of had takers once it crossed the $1000 threshold.  Hopefully lesson learned by United and the other carriers who are overselling flights.

more...
No comment yet.
Scooped by Tonya Scholz
Scoop.it!

WATCH LIVE: Attorneys for Dr. David Dao, man forcibly removed from United flight, speaks to media

WATCH LIVE: Attorneys for Dr. David Dao, man forcibly removed from United flight, speaks to media | Business News & Finance | Scoop.it
(USA TODAY) -- After days of controversy and outrage surrounding videos of a United Airlines passenger being dragged off of a flight , a news conference on the passenger's behalf will be held in Chicago. Dr. David Dao's attorney and daughter are expected to speak at around 11:00 a.m. ET. You can watch it live in the player above.
more...
No comment yet.
Scooped by Tonya Scholz
Scoop.it!

A 'Fight Club' meme slamming United captures a disturbing truth about airlines and people who fly coach

A 'Fight Club' meme slamming United captures a disturbing truth about airlines and people who fly coach | Business News & Finance | Scoop.it
A United Airlines "Fight Club" meme pokes fun at how airlines and coach passengers are at war.
more...
No comment yet.