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SouthWest Air Sued

Hoot

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I'd like to share a story that I heard on local talk radio...the host presented the item, so I'm assuming it's a true story...if so, it makes me sick.

A stewardess ( I know they aren't called that anymore, but I've forgotten the correct term) on South West Airlines knew the plane was about to depart and in a jovial manner said the following.....

"Eenie, meenie, minie, mo...take your seat, it's time to go."

Two African Americans on the flight were offended and brought a civil suit against the airline, alleging discrimination and racial prejudice.

After a couple of trips through the courts, and appeals, the lawsuit was eventually thrown out and found to be without merit.

Meanwhile, SouthWest is out a 6 figure sum preparing and presenting their defense.

I say if the plaintiff...the two African-Americans lose their frivolous lawsuit, they should be held accountable for any expense incurred by the defense.

It sickens me that the greed to make a quick buck in this country can lead to clogging up the courts.

Gee....I guess I shouldn't have said "buck?" I suppose I'll be sued now?
 

ShamMol

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I would like to know on what grounds they filed the claim. If it was under racial humiliation or something, go for it. But it does seem a little wierd. Also hoot, realize that talk show hosts don't tend to present news in the most straight-foward way and this may be an exaggeration of the truth.

I have found that SW also tends to have more fun with the mic than any other airline, so it would be a possible frivilty lawsuit if multiple people brought it to stop them from doing it, aka a TRO. They could then get them to permenantly stop doing it if the court found that it detracts from a business environment, etc. Doesn't bother me, and I like flying them.
 

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The lawsuit was filed in 2001 and the case was closed in 2004.
From the pretrial order these were the issues:


7. ISSUES
a. Plaintiffs’ First Theory of Recovery -- Violation of 42 U.S.C. § 1981
(1) Essential Elements. Subject to the Court’s own determination of the law
that applies to this case, Plaintiffs believe that, in order to prevail on their
respective § 1981 claims, Plaintiffs have the burden of proving the following
essential elements:
(a) Plaintiffs must show that they are members of a protected class;
(b) That Defendant had an intent to discriminate and discriminated
against Plaintiffs on the basis of their race; and
(c) That the intended discrimination interfered with Plaintiffs’ respective
rights to make and enforce contracts.
b. Plaintiff Fuller’s Second, Third, and Fourth Theories of Recovery --
Negligent Inflection of Emotional Distress under Kansas Common Law
(1) Essential Elements. Subject to the Court’s own determination of the law
that applies to this case, Ms. Fuller believes that, in order to prevail on her
theories of recovery based upon the tort of negligent inflection of
emotional distress under Kansas common law, Ms. Fuller has the burden
of proving the following essential elements:
(a) Southwest owed Ms. Fuller a legal duty;
(b) Southwest breached its duty to Ms. Fuller;
(c) Southwest’s negligent conduct was the direct and proximate cause of
Ms. Fuller’s emotional distress and physical injury; and
(d) It was it was reasonably foreseeable that Southwest’s conduct would
cause Ms. Fuller emotional distress.
 

ShamMol

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And going from that it can be assumed that Eenie meenie or whatever had been used by slave owners or someting and they felt that descriminated against them. If that had any merit, it would have gone to trial, but it didn't, so the judge threw it out. No harm done and the system works.

Since it without merit, SW can file another suit to try and recup damages, but frankly, it is a waste of time because if it survived this long in the courts it had a shred of merit and therefore they will be hard-pressed to prove that it had zero-merit whatsoever. The jury if it had gone to trial could have awarded SW jury fees if it had prevailed for a meritless claim as well.
 

vandree

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Actually it did go to trial. The verdict was in favor of defendant. Plaintiffs have filed an appeal
 

SKILMATIC

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"Eenie, meenie, minie, mo...take your seat, it's time to go."
:2rofll: How is that racist? I dont get it? Or was that the whole point? I guess you could say mo was a racist word in it referring to mo-town?

Chris rock said this himself: "there is 2 types of black people, african americans and ni@@as and ni@@as got to go."

I will let everyone else be the judge of which type of black person those individuals fell into. :2wave:
 

ShamMol

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You would be surprised at what people take offense at in this world. It could easily be that it was used way back when by slave owners, or by some white supremicist in a speech or in a childhood memory, etc.

What we take offense at and what others do is completley different and we must always be careful not to say something that is offensive to someone, because guess what that results in, yup, a lawsuit filed by people like my boss.

Vandree, if the jury did not award damages to the defense in way of lawyers fees, then there really isn't anything they can do. There must have been enough evidence for it to go to trial though...actually, that would be interesting to look into, where did you get that info, I would like to take a peek.
 

SKILMATIC

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You would be surprised at what people take offense at in this world. It could easily be that it was used way back when by slave owners, or by some white supremicist in a speech or in a childhood memory, etc.
Yep thats absolutely right. But "Eenie, meenie, minie, mo...take your seat, it's time to go." ???

O c'mon thats just rediculous. Thats like me saying itsy bitsy spider is rude.

The point is these people are rediculous and shouldnt have even seen a courthouse.
 

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I think the issue here is not about racism but instead about “American Jackals”, people and lawyers who are looking to make a profit on their disadvantage. The claim against the SW airlines is no more ridiculous than that of those against fast food restaurants for obesity. People are becoming completely ridiculous when it comes to what is offensive and what is not or what is their fault and what is not. It’s time to grow up and take responsibility for yourself.
 

Schweddy

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"Mo" was a slang term - in the old days - for a black person.

Opps... might have changed the course of this thread....:roll:
 

SKILMATIC

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"Mo" was a slang term - in the old days - for a black person.

Opps... might have changed the course of this thread....
O ok see I didnt even know that, :lol:

I stil would have thought it was funny.
 

ShamMol

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vauge said:
"Mo" was a slang term - in the old days - for a black person.

Opps... might have changed the course of this thread....:roll:
That was likely how the matter actually got to trial. Frankly, I am surprised it did. But a lawyer will take any case because, let's face it, that is their job. A person comes to them and says I will pay you-they will take it. Now, if someone took this on a contingency, they have no business being a lawyer cause they have no common sense. They would have realized that a case this weak wouldn't have netted them anything.

Thanks vauge, I didn't know that.
 
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I think the REALLY old tune goes "eenie meini minie mo, catch a n*gger by his toe"


not that it is accepted as such now.
 

C.J.

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vandree said:
Actually it did go to trial. The verdict was in favor of defendant. Plaintiffs have filed an appeal
The United States Court of Appeals for the Tenth Circuit affirmed the district court judgment for the defendants.
 

cnredd

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so let me get this straight....

The Bush administration gets called "Nazis" about 10 times a day...and the ones who say it wrap themselves up in the First Amendment...

Someone says "eenie, meenie, miney, mo"...and we go to court?
 

ShamMol

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If the Bush administration wanted to sue and they had merit....
 

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AllAmericanRageJunky said:
I think the REALLY old tune goes "eenie meini minie mo, catch a n*gger by his toe" not that it is accepted as such now.
It started as "catch a tiger by the toe" prior to the 1850's, was later changed to "monkeys," when Ella Fitzgerald sang it as the "Organ Grinder's Swing"
in the 1930's, and bennie Goodman also performed it durring the same time frame. The N***** thing was added sometime after its creation, by unknowns, and it spread. The "monkey" version was the one I remember from childhood.

Track Title: Organ Grinder's Swing
Album Title: The Early Years - Part 1, disc 1
Prime Artist: Ella Fitzgerald
Lyrics by: Mitchell Parish
Lyrics by: Irving Mills
Music by: Will Hudson
Orchestra: Her Savoy Eight
Lyrics:
Now eenie meenie minie moe
Catch that monkey by the toe
If he hollers let him go
Eenie meenie minie moe

Scatty-ah, pa swings it so does ma
Scatty-ah, ma swings it so does pa
Scatty-ah, you swing it so do I
Scatty-ah, I swing it so do you

When he turns that handle down
Music goes around 'n' around
Everybody starts to sing
To that organ grinder's swing

Tra-la, pa swings it so does ma
Tra-la, ma swings it so does pa
Tra-la, you swing it so do I
Tra-la, I swing it so do you

Now all the children tag along
Just to listen to his song
Monkey dancing on a string
To the organ grinder's swing

Oh-hum
Oh-hum
Oh-hum
Oh-hum, I swing it so do you

Drop a nickle in his hat
Like a rich aristocrat
Every nickle that you fling
Makes that organ grinder swing

Hi-ho
Hi-ho
Hi-ho
Hi-ho, I swing it so do you

(scat verse)

Eenie meenie minie moe
Catch that monkey by the toe
This music makes me want to sing
Oh you organ grinder's swing

Variations on the second verse include:

My mother told me
To pick the very best one
And you are [not] it.
 

Calm2Chaos

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Lot easier to sue then to work.
 

ShamMol

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Oh, nice comeback. Honestly, you think that these people don't work? They would have to at the very least to pay the lawyer, who I explained would be an idiot take this on a contingency. Seriously, you think that all lawsuits are frivolous wastes of money. Get real and realize that yes, there are some like that, but that there are so many that are not and that is damn near impossible to distingish between them.
 

Calm2Chaos

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ShamMol said:
Oh, nice comeback. Honestly, you think that these people don't work? They would have to at the very least to pay the lawyer, who I explained would be an idiot take this on a contingency. Seriously, you think that all lawsuits are frivolous wastes of money. Get real and realize that yes, there are some like that, but that there are so many that are not and that is damn near impossible to distingish between them.
For gods sake grow up. There were 20 lawyers probably jumping at them to take this case pro bono. The money in any settlement would have been well worth it. It probably didn't cost them a dime. And I am wiling to bet if it did. It didn't cost them anywhere near the amount of money it cost the company.

You think it is impossible to distinguish that this wasn't a BS grab for money. I could be blind, illiterate, partial retarded and completely disabled and I would have known this was a scam for money. These two should due 1 year each in jail for wasting the courts time and money
 

cnredd

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ShamMol said:
Oh, nice comeback. Honestly, you think that these people don't work? They would have to at the very least to pay the lawyer, who I explained would be an idiot take this on a contingency. Seriously, you think that all lawsuits are frivolous wastes of money. Get real and realize that yes, there are some like that, but that there are so many that are not and that is damn near impossible to distingish between them.
Do you believe that people who put these lawsuits forth should have to pay for the defense if the result is not in their favor?

Many people sue JUST for the fact that they know a settlement would be less money than the "offending" person or company needs to defend the accusation. So they accuse, knowing they will get SOMETHING. And the company loses money...even if they know they've done nothing wrong...
 

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Calm2Chaos said:
For gods sake grow up. There were 20 lawyers probably jumping at them to take this case pro bono. The money in any settlement would have been well worth it. It probably didn't cost them a dime. And I am wiling to bet if it did. It didn't cost them anywhere near the amount of money it cost the company.

You think it is impossible to distinguish that this wasn't a BS grab for money. I could be blind, illiterate, partial retarded and completely disabled and I would have known this was a scam for money. These two should due 1 year each in jail for wasting the courts time and money
An attorney gets nothing for a case taken pro bono, regardless of settlement amount.

In this case though, the women tried to file themselves with a handwritten brief. They were then assigned an attorney.
 

Calm2Chaos

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C.J. said:
An attorney gets nothing for a case taken pro bono, regardless of settlement amount.

In this case though, the women tried to file themselves with a handwritten brief. They were then assigned an attorney.
They were trying to scam the airlines. And the shame of it is people have to pay people to fight people like this.. (Now thats a mouth full...LOL)
 

ShamMol

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cnredd said:
Do you believe that people who put these lawsuits forth should have to pay for the defense if the result is not in their favor?

Many people sue JUST for the fact that they know a settlement would be less money than the "offending" person or company needs to defend the accusation. So they accuse, knowing they will get SOMETHING. And the company loses money...even if they know they've done nothing wrong...
Exactly, and that is the *sic* beauty of the American legal system. Instead of paying out claims that they know are true, cigarrette companies have instead chosen to pay a little more in legal fees over four years battling each little case in appeals (even as low as 4 million dollar award) instead of paying it out. If you want the source, ask me, cause honestly, I don't want to look right now. It was a nytimes article about a week ago...sunday I believe. Arnold and Porter used to be one of the huge law firms defending Philip Morris, but after they lost on appeals, they were done for. Now, tobacco companies are only looking for lawyers that can prolong the process.
 

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ShamMol said:
Exactly, and that is the *sic* beauty of the American legal system. Instead of paying out claims that they know are true, cigarrette companies have instead chosen to pay a little more in legal fees over four years battling each little case in appeals (even as low as 4 million dollar award) instead of paying it out. If you want the source, ask me, cause honestly, I don't want to look right now. It was a nytimes article about a week ago...sunday I believe. Arnold and Porter used to be one of the huge law firms defending Philip Morris, but after they lost on appeals, they were done for. Now, tobacco companies are only looking for lawyers that can prolong the process.
If your going to file BS lawsuits you should have to pay legal fees if it does not go your way
 
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