The law from the CFRs:
§ 250.2a Policy regarding denied boarding.
In the event of an oversold flight, every carrier shall ensure that the smallest practicable number of persons holding confirmed reserved space on that flight are denied boarding involuntarily
From a lawyer friend:
"At the point where the incident happened all pax held "confirmed reserved space" and indeed were occupying their seats. The late-arriving positioning crew did not hold "confirmed reserved space". Even disregarding the fact that boarding had in fact already taken place, it was impossible to involuntarily deny boarding to any of the pax - let alone to involuntarily remove them from the aircraft after they boarded! - as that would contravene the explicit legal requirement of CFR 14. 250.2A to remove the "smallest practicable number". Claimed 'Operational requirements' do not signify here; United prima facie acted illegally.
As regards removal of pax from the aircraft for any other reason than 'denied boarding' there are a list of circumstances in United's conditions of carriage when that is permitted; on the evidence I've seen this pax didn't meet any of them.
United are intercoursed"
(He used a word other than "intercoursed" which might get the post moderated if I repeated it)
Make of that what you will. But it makes sense to me.
Last edited by Ranger One; 14th Apr 2017 at 03:18.