Legal Opinion · Dissent
George Lagen v. United Continental Holdings
Court of Appeals for the Seventh Circuit
Decided December 22, 2014No. 14-1375Published
1DissentHamilton, Circuit Judge
United's defense here is that the airline's very best customers-its Million Mile Flyers-should have known better than to believe United's promise of "lifetime" benefits. This defense amounts to a confession of consumer fraud. United could not-honestly and legally-promise "lifetime" benefits while reserving the right to cancel its promise at any time and for any *1129reason. While federal law protects airlines from state consumer fraud laws, our court should not, as a matter of contract law, endorse this deception. I respectfully dissent.
United ran its frequent flyer program, MileagePlus, subject…
2Cases cited10 opinions
- Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
- American Airlines, Inc. v. WolensSupreme Court of the United States · 1995
- Operating Engineers Local 139 Health Benefit Fund v. Gustafson Construction CorporationCourt of Appeals for the Seventh Circuit · 2001
- Empro Manufacturing Co., Inc. v. Ball-Co Manufacturing, Inc.Court of Appeals for the Seventh Circuit · 1989
- McCarty v. Verson Allsteel Press Co.Appellate Court of Illinois · 1980
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