Re:American Airlines and The Points Guy are suing each other
by akersten on Thursday January 20, 2022 @05:21PM
(#30016035)
IMO it would serve the common person well if we changed the way the law works so that if a corporation sues you for a laundry list of things, if a single claim gets thrown out, then they all do. That prevents this insane pile-on where a half-afternoon's work by 4 people in their giant legal department turns into a multi-year nightmare for an average citizen. I think that would be a fair way to reign in the corporate "throw everything at the wall, see what sticks, or at least hope we intimidate this regular Joe into submission" approach that's all too common today.
Re:American Airlines and The Points Guy are suing each other
by tedunangst on Thursday January 20, 2022 @05:58PM
(#30016562)
Meh, Red Ventures' estimated $11 billion valuation is slightly more than AA's market cap.
Re:American Airlines and The Points Guy are suing each other
by Dracophoenix on Thursday January 20, 2022 @08:36PM
(#30018064)
While I agree with sentiment, I don't agree with the premise or the method. Corporations aren't the only ones stacking charges. Prosecutors and private citizens (usually operating pro se) are just as capable of frivolous litigation. The best action a judge can and should take is to dismiss the meritless claims before proceed to court phase.
Re:American Airlines and The Points Guy are suing each other
by brendoelfrendo on Thursday January 20, 2022 @06:55PM
(#30017188)
Then they would just send you 12 consecutive lawsuits. If they're that big and well-funded, they've got the time.
Re:American Airlines and The Points Guy are suing each other
by kmonsen on Thursday January 20, 2022 @08:59PM
(#30018252)
But can't they still do that right now? So parents proposal would make the situation a tiny bit better?
Re:American Airlines and The Points Guy are suing each other
by tedunangst on Thursday January 20, 2022 @09:28PM
(#30018454)
Generally no. The reason you see a 12 claim filing is because they don't get unlimited do overs. You get some chances to amend the complaint, but once it starts moving forward, that's it.
Re:American Airlines and The Points Guy are suing each other
by lmm on Thursday January 20, 2022 @09:04PM
(#30018298)
Judges, courts, and basically everyone (including most defendants) would rather have one hearing than 12.
Re:American Airlines and The Points Guy are suing each other
by BeFlatXIII on Thursday January 20, 2022 @07:44PM
(#30017667)
That also happens when county prosecutors are up for re-election. Stack charges in case the jury finds one claim weak, there are 5 synonyms for the same underlying crime that the jury is willing to convict on. Also helps with forcing plea bargains.
Re:American Airlines and The Points Guy are suing each other
by paxys on Thursday January 20, 2022 @04:35PM
(#30015405)
Curious how Breach of Contract can fly, considering TPG never agreed to a contract with AA to begin with. And AA is obviously not suing their own customers.
Re:American Airlines and The Points Guy are suing each other
by dragonwriter on Thursday January 20, 2022 @10:45PM
(#30018886)
> Curious how Breach of Contract can fly, considering TPG never agreed to a contract with AA to begin with
AA presents an argument for the ToS binding TPG as a party.
Re:American Airlines and The Points Guy are suing each other
by throwaway09223 on Thursday January 20, 2022 @06:28PM
(#30016929)
There's a ToS, which is a contract.
From the AA website: "By logging in, you accept the AAdvantage terms and conditions"
Re:American Airlines and The Points Guy are suing each other
by dghlsakjg on Thursday January 20, 2022 @07:02PM
(#30017259)
Yeah, but it would seem that the points guy ISN'T logging in. The AA customers are logging in using a tool provided by TPG.
Re:American Airlines and The Points Guy are suing each other
by dragonwriter on Thursday January 20, 2022 @10:48PM
(#30018899)
> but it would seem that the points guy ISN'T logging in. The AA customers are logging in using a tool provided by TPG.
AA provides a number of arguments against that. That's part of the dispute.
Re:American Airlines and The Points Guy are suing each other
by throwaway09223 on Thursday January 20, 2022 @10:14PM
(#30018723)
Do you think TPG has never logged into AA during the development of this tool?
1. Breach of Contract 2. Tortious Interference with a Contract 3. Unfair Competition by Misappropriation 4. Trespass 5. Trademark infringement 6. Dilution 7. Dilution under Texas State Law 8. False Designation of Origin 9. Copyright Infringement 10. CFAA 11. Violation of Texas Harmful Access by Computer Act 12. Unjust Enrichment