Kokomo Tribune; Kokomo, Indiana

Bonus content

December 4, 2013

High court casts doubt on frequent flyer's lawsuit

(Continued)

Northwest says Ginsberg complained 24 times in a 7-month period, including nine instances of luggage that turned up late on airport baggage carousels. Northwest said that before it took action, it awarded Ginsberg $1,925 in travel credit vouchers, 78,500 bonus miles, a voucher for his son and $491 in cash reimbursements.

The airline pointed to a provision of the mileage program's terms that gives Northwest the right to cancel members' accounts for abuse.

A federal trial judge cited earlier Supreme Court cases involving claims against frequent flyer programs in dismissing Ginsberg's lawsuit, including his claim that Northwest did not live up to the terms of the contract. The judge said the contract gives the airlines the right to kick someone out of the mileage program at its "sole judgment."

But the 9th U.S. Circuit Court of Appeals in San Francisco said part of the suit could go forward involving whether Ginsberg and others can sue under state laws that require parties to a contract to act in good faith.

Justice Elena Kagan showed some sympathy for Ginsberg's claim when she questioned Paul Clement, the Washington lawyer representing Northwest at the Supreme Court.

If the airline could easily avoid living up to its end of the bargain in the mileage program, Kagan said, "I don't think that I'd be spending all this time in the air on your planes. You know, I'd find another company that actually gave me the free ticket."

Clement replied that Kagan's example shows that the free market, not a court, is the right place to address her problem.

"So if some airline really were crazy enough to systematically turn on its most lucrative and loyal customers, surely, the market would solve that. And, of course, if a bunch of airlines did it, the Department of Transportation stands ready to police that," he said.

Text Only | Photo Reprints
Bonus content
  • Settlement erases debt for 261 Indiana military members INDIANAPOLIS (AP) — Attorney General Greg Zoeller says a new settlement will erase $1.5 million of bad debt for 261 military members from Indiana. Zoeller and attorneys general from 12 other states filed suit against the lender Rome Finance. They acc

    July 30, 2014

  • Smart phone app helps navigate Indiana State Fair

    The Indiana State Fair is offering a free updated mobile app for smartphones aimed at helping visitors navigate their way around the fairgrounds on Indianapolis' north side.

    July 30, 2014

  • Highway Money [Duplicate] Senate passes highway bill, sends it back to House WASHINGTON (AP) — The Senate on Tuesday voted to change the funding and timing of a House bill to keep federal highway funds flowing to states in an effort to force Congress to come to grips with chronic funding problems that have plagued transportat

    July 30, 2014 1 Photo

  • Clark County Sheriff Danny Rodden faces federal charges INDIANAPOLIS — Clark County Sheriff Danny Rodden has spent more than 30 years in law enforcement working to protect the public from criminals, but on Tuesday he was treated as one. Rodden, charged with lying to federal investigators about his relatio

    July 29, 2014

  • Hepatitis Drug [Duplicate] $1,000-per-pill Sovaldi now hepatitis treatment of choice WASHINGTON (AP) — The price may be high but so is demand. A new $1,000-per-pill drug has become the treatment of choice for Americans with hepatitis C, a liver-wasting disease that affects more than 3 million. Even with insurers reluctant to pay, Sov

    July 29, 2014 1 Photo

  • Madison County voting records sought in US probe ANDERSON (AP) — A federal grand jury has subpoenaed Madison County voting records after absentee ballots cast in Anderson's 4th Ward determined the winners of several races. The subpoena issued by federal prosecutors seeks several records from the Ma

    July 29, 2014

  • Coroner rules Lafayette toddler's death a homicide LAFAYETTE (AP) — A coroner has ruled as a homicide last week's death of a 14-month-old Lafayette girl who succumbed to a traumatic head injury. The Marion County Coroner's office reported Monday that the cause of Skylar Foster's death was blunt force

    July 29, 2014

  • Veterans Health Care-3 [Duplicate] Deal to improve veterans' health care costs $17B WASHINGTON (AP) — A bipartisan deal announced Monday would authorize about $17 billion to help veterans avoid long waits for health care, hire more doctors and nurses to treat veterans and make it easier to fire executives at the Department of Vetera

    July 29, 2014 2 Photos

  • CORRECTION Oklahoma Bombing Video [Duplicate] FBI defends search for Oklahoma City bombing video SALT LAKE CITY (AP) — The FBI thoroughly searched its archives and found no evidence that more videos of the Oklahoma City bombing exist, agency employees told a judge Monday in a trial that has rekindled questions about whether any others were invol

    July 29, 2014 7 Photos

  • Fugitive Arrest Shootout-9 [Duplicate] Abuse suspect dead; 2 marshals, NY policeman hurt NEW YORK (AP) — A California man who skipped town after being accused of molesting a boy was killed and three law enforcement officers trying to arrest him were wounded in a daytime shootout inside a small smoke shop in one of New York's most bustlin

    July 28, 2014 5 Photos

Latest news
Featured Ads
Only on our website
AP Video
Raw: Japanese Soldiers Storm Beach in Exercises Raw: Weapons Fire Hits UN School in Gaza Raw: Rocket Launches Into Space With Cargo Ship Broken Water Main Floods UCLA Two Women Narrowly Avoid Being Hit by Train In Virginia, the Rise of a New Space Coast New Sanctions on Key Sectors of Russian Economy Crayola Announces Family Attraction in Orlando US Ready to Slap New Sanctions on Russia Kerry: Not Worried About Israeli Criticism Boater Rescued From Edge of Kentucky Dam Girl Struck by Plane on Florida Beach Dies Rodents Rampant in Gardens Around Louvre House to Vote on Slimmed-down Bill for Border Looming Demand Could Undercut Flight Safety Raw: 2 Shells Hit Fuel Tank at Gaza Power Plant Raw: Massive Explosions From Airstrikes in Gaza Giant Ketchup Bottle Water Tower Up for Sale Easier Nuclear Construction Promises Fall Short Kerry: Humanitarian Cease-fire Efforts Continue
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
Obituaries
Poll
Kelly Lafferty's video on Tom Miller