So you’ve decided to sue the airline you believe wronged you.
One option is to do so in small claims court.
A plus is you don’t need an attorney. In fact, you’re barred from bringing in an attorney. You represent yourself, which means you don’t have to pay an attorney–either up-front or at the end of the case.
Another plus: It will cost you far less to represent yourself than it will cost the airline to send a representative.
If you file in California and the airline is headquartered in New York, it will be expensive for them to send a rep to attend the proceedings. If the airline fails to send someone as its representative–which is highly unlikely–it loses by default.
A minus is that you may not be the confrontational type. You may also feel intimidated by the legal process–and afraid of looking like an idiot if you lose.
Another minus is that each state sets a different amount you can win in damages.
To learn about the rules applying to small claims courts in your state, consult the following link:
Click here: 50 State Overview of Small Claims Rules | Nolo.com.
A second option is to take your case to civil court.
A plus is that the dollar-amount you can obtain at this level is far higher than in small-claims court.
A minus is that you’ll definitely want to retain an attorney.
True, you can legally represent yourself. But aviation law is complex. The airline will definitely have an attorney, so if you don’t, you’re bringing a knife to a gunfight.
If you can find an attorney willing to represent you on a contingency fee basis, you don’t have to pay him unless you win. His fee will then come out of your settlement amount.
Another minus: If you can’t find an attorney willing to take your case on this basis, you’ll have to pay him by the hour, after first putting up a retainer fee, which can be quite large.
A third minus is that the courts are clogged with cases, and it can take months or even years before yours will be heard.
And remember: The vast majority of cases–civil and criminal–are settled outside of court. In civil cases especially, judges strongly urge both sides to reach a compromise rather than duke it out in court.
And both sides are usually willing to do this, since there’s no telling how a jury might rule.
Finally, there’s the option of filing a class-action lawsuit.
A plus to this is that you’re not alone in your charge against the airline. Other passengers who have been similarly wronged are seeking damages, and so the spotlight is not on any one plaintiff.
A minus is that such cases are extremely complex and must be handled by experienced attorneys.
Typically, federal courts are thought to be more favorable for defendants, and state courts more favorable for plaintiffs. Many class actions are filed initially in state court. The defendant will frequently try to remove the case to federal court.
Another minus: If your side prevails, the amount of money each plaintiff receives will be far smaller than if the award were to be divided between a single plaintiff and his attorney(s).
Finally, even if you win, you can be certain the airline will appeal the verdict. Such appeals can go on for literally years.
On a more far-reaching basis, you can demand that your Congressional representatives support passenger rights through legislation.
Protections are especially needed when a single airline official–such as a steward–kicks a passenger off an airplane for reasons that have nothing to do with security.
Examples:
- Two women kissing;
- A steward demanding whether a woman is wearing underwear;
- Another steward taking offense at a passenger’s request for help.)
During the administration of President George H.W. Bush, Congress overrode only one of his 44 vetoes. In that case, Congress put a cap on the rates cable TV companies could charge.
They did so because their constituents had made clear their rage about high-priced cable fees.
Members of the Senate and House of Representatives will respond to constituent demands:
- If enough voters make their specific demands known; and
- If those voters make clear that ignoring their demands will guarantee defeat at the next election.
There are consumer rights organizations now pressing for vitally-needed passenger protections. These organizations need support–both in terms of members and money.
Only then can they counter the legalized bribes (known as “campaign contributions) the airlines offer to members of Congress.
An example is Flyers Rights, which can be reached at: FlyersRights.ORG – Largest Non-Profit Airline Consumer Organization.
Above all, remember: Airlines are run by corporations.
Their foremost concern is not your comfort or even safety as a passenger. It’s with further enriching their key executives.
You must be willing to stand up for your own rights–because the airline couldn’t care less about them.

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HOW THE NEXT 9/11 WILL HAPPEN: PART ONE (OF TWO)
In Bureaucracy, Business, History, Law Enforcement, Military, Social commentary on January 25, 2016 at 12:07 amFourteen years after 9/11, America is now selling its Islamic enemies access to the very weapons–jet-fueled airplanes–they need to wage jihad against its citizens.
World Trade Center on September 11, 2001
This is happening thanks to the greed of American airline corporations and the Transportation Security Administration (TSA).
Essentially, it comes down to this: Wealthy, self-entitled Americans hate waiting in long airport security lines.
But wealthy Americans–unlike poor and middle-class ones–have plenty of money to spend.
So they’re willing to shell out a good portion of it to the airlines and TSA so they won’t have to stand in line with the unworthy peasants.
And the airlines and TSA are happy to scoop up all that money in return for giving these self-important Richie-Riches preferential treatment.
Even if this comes at the risk of the nation they claim to love.
Consider the following:
TSA. offers Pre-Check, a program from the Department of Homeland Security. It’s available to frequent fliers on many airlines.
According to the TSA’s website, here’s how it works:
Click here: TSA Pre?™ Application Program | Transportation Security Administration
The website further notes: “TSA is accepting applications at more than 300 locations nationwide, including 26 airports.”
And what does a Pre-Check passenger get in return for his $85 registration fee?
Here’s the difference between a scan by a magnetometer and one using advanced imaging technology:
If you’re trying to carry a metallic firearm aboard a plane, the magnetometer will likely pick it up. But if you’ve filled your computer with plastic explosive, the magnetometer won’t pick it up.
Advanced imaging technology
Or maybe you want to be a more successful shoe-bomber than Richard Reid, who tried to blow up an American Airlines flight in 2001.
Being allowed to skip the requirement to remove your shoes will certainly take you a long way toward reaching your goal.
Of course, TSA isn’t alone in wanting to make money from deep-pockets airline passengers. The airlines have also been quick to get in on the act.
Most airlines make it possible for frequent-flier passengers to acquire elite status–for a price.
Passengers having any one of the following status memberships are eligible for this benefit:
Delta: Gold Medallion, Platinum Medallion and Diamond Medallion members
United: Premier Silver, Premier Gold, Premier Platinum, Premier 1K members
American: AAdvantage Gold, AAdvantage Platinum, and AAdvantage Executive Platinum members
USAirways: Silver Preferred, Gold Preferred, Platinum Preferred, and Chairman’s Preferred members
Southwest: A-List and A-List Preferred members
Alaska: MVP, MVP Gold, and MVP Gold 75 members
Jetblue: TrueBlue Mosaic members and those seated in Even More Space seats
Virgin America: Elevate Silver and Elevate Gold members
Click here: Travel Tuesday Top 10: Ways To Get Through Airport Security Faster in the US | The Points Guy
Yes, the greed of corporations and government agencies is partly responsible for this disgraceful–and highly dangerous–situation.
And so is the belief among the wealthy that they are the elect, and thus deserve special consideration.
But there is another factor at work here: The Calvinistic belief–shared by most Americans–that wealth is a sign of God’s favor, and thus proof that its holder is worthy of deference, if not awe.
In combination, they are steadily moving this nation closer to the day of the next 9/11 disaster.
How this will happen will be explained in Part Two of this series.
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