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Does this settle all claims or only take care of United?
I have friends in other countries and many are Asian... all have commented to me about United... it sure did not go unnoticed around the world...
Remember the slogan for years was "Fly the Friendly Skies of United"
"Mr. Munoz said he was going to do the right thing, and he has. In addition, United has taken full responsibility for what happened on Flight 3411, without attempting to blame others, including the City of Chicago. For this acceptance of corporate accountability, United is to be applauded."
Also:
"Demetrio said Dao does not plan to pursue a separate lawsuit against the city of Chicago or the officers employed by the Chicago Department of Aviation.
“No one else in the entire world is going to be sued by Dr. Dao,” said the attorney, who has been involved in several high-profile personal-injury settlements. “United has stepped up to the plate and hit a home run.”
Chicago much like the state of Illinois does not have the deep pockets of UAL. Well in theory they do as can merely force taxpayers to cough up any settlement and or court award, but that is now off the table.'
While Chicago's "rent a cop" airline security did do the deed, United started the whole mess so it is good and right they pony up.
"Mr. Munoz said he was going to do the right thing, and he has. In addition, United has taken full responsibility for what happened on Flight 3411, without attempting to blame others, including the City of Chicago. For this acceptance of corporate accountability, United is to be applauded."
Also:
"Demetrio said Dao does not plan to pursue a separate lawsuit against the city of Chicago or the officers employed by the Chicago Department of Aviation.
“No one else in the entire world is going to be sued by Dr. Dao,” said the attorney, who has been involved in several high-profile personal-injury settlements. “United has stepped up to the plate and hit a home run.”
Chicago much like the state of Illinois does not have the deep pockets of UAL. Well in theory they do as can merely force taxpayers to cough up any settlement and or court award, but that is now off the table.'
While Chicago's "rent a cop" airline security did do the deed, United started the whole mess so it is good and right they pony up.
You'd never know the city/state were financially a mess given all the payouts the city has made for wrongful deaths of citizens by cops. See Laquon McDonald, for just one example.
So it's done. They would have had Dao sign something stating he wouldn't go back to try and recover additional money.
I'm guessing between 3 - 10 million. I doubt it would be more.
Offers start low. Tom D. said it was a fair offer that United made, but it would still be much lower than what a jury might give Dao, and attorneys encourage people to take the offer in most cases because it's easy money for them, and it can be grueling for their client to go through the ordeal of going to trial.
United also wouldn't want the bad press during a trial - which is why they came in with a fair offer. Translated, that probably means a higher amount than they would usually offer someone.
Quote:
Originally Posted by BugsyPal
Sorry, but think that the good doctor got more, much more than a "few" million, or even just under five.
I'm guessing it's $1,500,000 plus reimbursement of out-of-pocket health insurance and indemnification for Medicare Cost Recovery.
Usually I agree with your posts but this one was a cheap shot at lawyers. It's not an issue of "easy money." There's a lot of uncertainty in even getting a jury verdict. When a whopping verdict is assessed the judge almost always "remits" or cuts it down. Also if the defendant is covered by insurance, the defense gets an unbonded stay pending appeal. That can take years. Thus a quick settlement is far better for the client.
How do I guess my amount? There probably is a $1,000,000 per incident limit on insurance coverage. And believe it or not collecting a judgment above insurance amounts against United may be quite difficult. The company is likely highly leveraged from its acquisition of Continental. The borrowings are likely secured by liens on all assets, including aircraft (junior to equipment lenders), receivables from credit card companies, all other receivables, and trade names and trade styles. Thus, United is probably not in much of a position to write a large check.
Quote:
Originally Posted by BugsyPal
This case is seared into the minds of many Americans, even if it went to trial ten years from now the facts and so forth of Dr. Dao being manhandled and physically removed from that plane aren't going to be easily forgotten.... Dr. Dao's age has nothing to do with how this case would play out in court, including damages awarded. A jury could well give him hundreds of millions not particularly befronted about how much longer he would live to spend.
If Dr. Dao dies in the lengthy time it would take the matter to get to trial the value of the case drops dramatically. Also the judge has a duty to trim verdicts inflamed by "sympathy and passion."
Quote:
Originally Posted by BugsyPal
Bulk of your theories fly in the face of even most current legal settlements with persons who endured far less to nil physical harm. That female newsreader from Fox or whatever got twenty-five million (IIRC) just for claiming sexual harassment.
As I keep pointing out there is a difference between a headline-grabbing jury award and the money that changes hands. That amount is reduced by:
Remittitur as discussed above, due to the small amount of actual damage;
The limits of insurance coverage; and
The solvency of the airline or alternatively the availability of unencumbered assets from which to pay a judgment.
Quote:
Originally Posted by BugsyPal
Changing a policy *AFTER* an event has zero bearing on what went on before. LE departments who have been sued to the ground after being found to have assaulted someone in their care don't get a free pass because "hey, we've changed our policies and procedures...."
Actually changes in procedure would reduce possible punitive damages by a lot since changes in procedure shows that the actor, in this case United, is not a wanton and irresponsible entity.
Quote:
Originally Posted by BugsyPal
Dr. Dao had United/UAL by the short and curlies. Thanks to Mr. Internet that filmed footage of event has been seen all over the world and the matter was not going away easily.
Five million dollars after legal fees and taxes is nothing. You'd be lucky to walk away with two million or a bit more. It also does not allow the Dr. to get his "pound of flesh" as it were. Fact UAL/United moved quickly to settle this matter *and* wrapped the thing in secrecy most likely means Dr. Dao got some serious money. Far more than the five million mentioned I shouldn't wonder. If as you seem to imply United had a strong case that their $500/hr. attorneys could win they simply would have said "see you in court".
As I said getting a judgment is one thing, and collecting is another. And Dr. Dao's far from perfect past would influence the jury. It would create a strong possibility that Dr. Dao was not acting rationally.
I'm guessing it's $1,500,000 plus reimbursement of out-of-pocket health insurance and indemnification for Medicare Cost Recovery.
Usually I agree with your posts but this one was a cheap shot at lawyers. It's not an issue of "easy money." There's a lot of uncertainty in even getting a jury verdict. When a whopping verdict is assessed the judge almost always "remits" or cuts it down. Also if the defendant is covered by insurance, the defense gets an unbonded stay pending appeal. That can take years. Thus a quick settlement is far better for the client.
How do I guess my amount? There probably is a $1,000,000 per incident limit on insurance coverage. And believe it or not collecting a judgment above insurance amounts against United may be quite difficult. The company is likely highly leveraged from its acquisition of Continental. The borrowings are likely secured by liens on all assets, including aircraft (junior to equipment lenders), receivables from credit card companies, all other receivables, and trade names and trade styles. Thus, United is probably not in much of a position to write a large check.If Dr. Dao dies in the lengthy time it would take the matter to get to trial the value of the case drops dramatically. Also the judge has a duty to trim verdicts inflamed by "sympathy and passion."As I keep pointing out there is a difference between a headline-grabbing jury award and the money that changes hands. That amount is reduced by:
Remittitur as discussed above, due to the small amount of actual damage;
The limits of insurance coverage; and
The solvency of the airline or alternatively the availability of unencumbered assets from which to pay a judgment.
Actually changes in procedure would reduce possible punitive damages by a lot since changes in procedure shows that the actor, in this case United, is not a wanton and irresponsible entity.
As I said getting a judgment is one thing, and collecting is another. And Dr. Dao's far from perfect past would influence the jury. It would create a strong possibility that Dr. Dao was not acting rationally.
I would point out that a night club in the Cosmopolitan in Las Vegas just got hit for $160 million with punitive damages to come. Now of course this is a worse case victim and worse case damage to the victim...but it shows where the limits are. And the judgement will likely stand though it will likely throw the corporatlions involved into BK.
And I don't think you understand big corporations well. United could pay out 5 or 10 million effectively out of petty cash. And United is virtually certain to be self insured. Large corporations would virtually never use an insurance company...too expensive. Now maybe if the can dump it to
Republic...but I bet the gate people were all United employees.
So yeah I think it went well past a million. Past 5? Past 10? No but somewhere in between.
And remember United could catch punitive damages enough to effect their behaior. 5% of revenue perhaps? Some Judges like to teach corporations a lesson.
I would point out that a night club in the Cosmopolitan in Las Vegas just got hit for $160 million with punitive damages to come. Now of course this is a worse case victim and worse case damage to the victim...but it shows where the limits are. And the judgement will likely stand though it will likely throw the corporatlions involved into BK.
I would bet dollars to to donuts that the $160,000,000 is a jury verdict not reduced to judgment. Unless the night club is already out of business (highly likely) there is no way a judgment in that amount would be signed off on by the judge. There are several steps between a jury verdict and a judgment. If the night club is uninsured and defunct the verdict is basically a "telephone number" much like Bernie Madoff being given a 50 year sentence as age 72. Appropos of that Marc Dreier, a ********* who did a similar amount of damage as Madoff received only a 20 year sentence at age 54. In other words when the sentence or amount of money is meaningless those are often set infinitely high for symbolic purposes. When a real business with real people such as United are involved the jury verdicts are usually rational.
Quote:
Originally Posted by lvmensch
And I don't think you understand big corporations well. United could pay out 5 or 10 million effectively out of petty cash. And United is virtually certain to be self insured. Large corporations would virtually never use an insurance company...too expensive.
Explain that to Texaco after Pennzoil mulcted it with a large judgment. I am pretty sure that United would somehow have a way of laying off its risk, through something like Lloyds of London. If a pilot, say, goes mentally ill and deliberately crashes a plane it has to have some way of avoiding destruction at the behest of a single lunatic.
Quote:
Originally Posted by lvmensch
Now maybe if the can dump it to Republic...but I bet the gate people were all United employees.
United sold the ticket; it owns the problem.
Quote:
Originally Posted by lvmensch
So yeah I think it went well past a million. Past 5? Past 10? No but somewhere in between.
We disagree but that goes with the territory.
Quote:
Originally Posted by lvmensch
And remember United could catch punitive damages enough to effect their behaior. 5% of revenue perhaps? Some Judges like to teach corporations a lesson.
Judges usually are constrained to be rational.
Quote:
Originally Posted by taimaishu
Mr. Dao won his lawsuit against United. Obviously proving that United was WRONG for knocking him out after he was seated.
It was settled out of court and he got a large but undisclosed sum.
I would never have seen a jury anyway and Dr. Dao's past was irrelevant. If it had made it to trial and I was on a jury I would have said "I don't care" about Dr. Dao's past legal problems. As it had nothing to do with him getting beaten up on the plane and dragged off like a sack of potatoes.
I support him receiving millions of dollars in a settlement agreement.
Because United settled out of court due to their gross negligence, wrong doing and racist assault on a passenger who fully paid for his ticket, got his seat, sat down.
Yet, United, decided that a few "special folks" who were LATE and NOT YET SEATED deserved the seat, so they forcibly removed Mr. Dao.
Because United settled out of court due to their gross negligence, wrong doing and racist assault on a passenger who fully paid for his ticket, got his seat, sat down.
Yet, United, decided that a few "special folks" who were LATE and NOT YET SEATED deserved the seat, so they forcibly removed Mr. Dao.
While UA was out of line, please explain where you get racist from all of this.
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