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American Airlines is alleging 12 legal claims: 1. Breach of Contract 2. Tortious Interference with a Contract 3. Unfair Competition by Misappropriation 4. Tres

American Airlines is alleging 12 legal claims: 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

paxys 5y ago
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.
- throwaway09223 5y ago
  There's a ToS, which is a contract. From the AA website: "By logging in, you accept the AAdvantage terms and conditions"
  - dghlsakjg 5y ago
    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.
    - dragonwriter 5y ago
      > 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.
    - throwaway09223 5y ago
      Do you think TPG has never logged into AA during the development of this tool?
- dragonwriter 5y ago
  > 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.
akersten 5y ago
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.
- brendoelfrendo 5y ago
  Then they would just send you 12 consecutive lawsuits. If they're that big and well-funded, they've got the time.
  - kmonsen 5y ago
    But can't they still do that right now? So parents proposal would make the situation a tiny bit better?
    - lmm 5y ago
      Judges, courts, and basically everyone (including most defendants) would rather have one hearing than 12.
    - tedunangst 5y ago
      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.
- tedunangst 5y ago
  Meh, Red Ventures' estimated $11 billion valuation is slightly more than AA's market cap.
- BeFlatXIII 5y ago
  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.
ashtonkem 5y ago
Some of these are serious, like the CFAA claim, some are genuinely hilarious. Dilution? Really? Unfair competition? Are they accusing TPG of creating an airline?

paxys 5y ago

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.

throwaway09223 5y ago
There's a ToS, which is a contract. From the AA website: "By logging in, you accept the AAdvantage terms and conditions"
- dghlsakjg 5y ago
  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.
  - dragonwriter 5y ago
    > 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.
  - throwaway09223 5y ago
    Do you think TPG has never logged into AA during the development of this tool?
dragonwriter 5y ago
> 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.

akersten 5y ago

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.

brendoelfrendo 5y ago
Then they would just send you 12 consecutive lawsuits. If they're that big and well-funded, they've got the time.
- kmonsen 5y ago
  But can't they still do that right now? So parents proposal would make the situation a tiny bit better?
  - lmm 5y ago
    Judges, courts, and basically everyone (including most defendants) would rather have one hearing than 12.
  - tedunangst 5y ago
    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.
tedunangst 5y ago
Meh, Red Ventures' estimated $11 billion valuation is slightly more than AA's market cap.
BeFlatXIII 5y ago
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.

ashtonkem 5y ago

Some of these are serious, like the CFAA claim, some are genuinely hilarious. Dilution? Really? Unfair competition? Are they accusing TPG of creating an airline?