M.J. Files 5,000,000.00 Discrimination Lawsuit Against Northwest Airlines

[FN FAL]

MJ to sue US airline for $5m
By Michael Caber
FORMER congressman Mark Jimenez is set to lead the filing of a $5 million dollar class suit before the Makati regional trial court against Northwest Airline for allegedly discriminating against them when they were in transit at an airport in Japan.

Jimenez, in an interview, claimed that the management of Northwest Airlines neglected him and other Filipino passengers at Nagoya airport when the airline failed to provide them rooms when they were stranded there.

Jimenez was on his way back to the country after he was released on Dec. 17 from the Correctional Institute in Allenwood, Pennsylvania.

The irate Jimenez, Mario Crespo in real life and a former congressman of the sixth district of Manila, told reporters that the Northwest Airlines allegedly discriminated them because the airline provided rooms for its Japanese passengers and other foreign nationals.

There were around 160 Filipino passengers onboard the airline, comprising the 80 percent of its total load while 18 percent Japanese and the other 2 percent are of different nationalities.

Jimenez tried to ask the NWA staff to provide them rooms where they can spend the night since the flight will be on the following day but NWA failed to do so.

Jimenez provided rooms in four hotels for the Filipinos while waiting for their departure, they stayed in Nagoya, Japan from 10 p.m. of Dec. 17 to 12 noon of Dec. 18 (Manila time).

Jimenez was released from the Pennsylvania prison after serving the 27-month sentence meted on him by the Southern District Court of Maimi for election conspiracy and tax evasion charges. The Miami court also ordered him to pay US$1.2 million in fines.
Jimenez opted for voluntary extradition on December 2002 and was convicted by US court last Nov. 14, 2003.

 

[EDUC8-or]

Jimenez was released from the Pennsylvania prison after serving the 27-month sentence meted on him by the Southern District Court of Maimi for election conspiracy and tax evasion charges. The Miami court also ordered him to pay US$1.2 million in fines.
Jimenez opted for voluntary extradition on December 2002 and was convicted by US court last Nov. 14, 2003.

Hmm...

 

[Occam's Razor]

What a dork!

Some crook is upset that he didn't get a room?

I'm guessing there's more to this that we're reading here.

Too bad he wasn't on a one way ticket to the P.I.

 

[AgDownUnder]

What a dork!

Some crook is upset that he didn't get a room?

I'm guessing there's more to this that we're reading here.

Too bad he wasn't on a one way ticket to the P.I.

It's all irellevent. NWA had a duty under law they failed to meet that duty. They gambled that no one would front up, they lost. They will lose in court as well. Aircarrier ops are Strict Liability, no negligence or malice needs be shown, only that they broke the rule to cover for the damages. The stupid part is that they didn't treat everyone the same. Had they not given the Japanese and other foriegn nationals a room, they would have only been liable for compensatory damages. By denying only the Phillipinos, they opened the discrimination door, and since it is a US Flag Carrier, remedy is available in US Federal Court as well as NWA headquarters state and the state where the flight origionated at the discretion of the person who filed the suit. The discrimination factor opened the door for punative damages. They stupidly opened themselves up to this suit, they will lose, or rather they will settle this. If they are lucky they can settle for $1.5 mil. If the guy picks his jurisdiction right, the jury can award $50 mil or $500 mil as they are not bound to the suit request. NWA and their insurance carrier doesn't want to risk the cost of the defense and potential final verdict after all the appeals play out. It was a damn stupid move to save a few grand in hotel costs.

 

[boscenter]

Was I the only one thinking this thread was about Michael Jackson??

 

[FN FAL]

Was I the only one thinking this thread was about Michael Jackson??

By the time this Phillipino get's his money and runs back to the Phillipines, he WILL be Michael Jackson.

Hahahaha.

 

[labbats]

I'm sure that paying this guy will be a top priority for NWA.

 

[BLing]

There could be a variety of reasons why Northwest was not responsible for providing this dork with a hotel room. And for whatever reason, he was not provided one.

 

[Occam's Razor]

It's all irellevent. NWA had a duty under law they failed to meet that duty. They gambled that no one would front up, they lost. They will lose in court as well. Aircarrier ops are Strict Liability, no negligence or malice needs be shown, only that they broke the rule to cover for the damages. The stupid part is that they didn't treat everyone the same. Had they not given the Japanese and other foriegn nationals a room, they would have only been liable for compensatory damages. By denying only the Phillipinos, they opened the discrimination door, and since it is a US Flag Carrier, remedy is available in US Federal Court as well as NWA headquarters state and the state where the flight origionated at the discretion of the person who filed the suit. The discrimination factor opened the door for punative damages. They stupidly opened themselves up to this suit, they will lose, or rather they will settle this. If they are lucky they can settle for $1.5 mil. If the guy picks his jurisdiction right, the jury can award $50 mil or $500 mil as they are not bound to the suit request. NWA and their insurance carrier doesn't want to risk the cost of the defense and potential final verdict after all the appeals play out. It was a dang stupid move to save a few grand in hotel costs.

Fortunately, the courts don't render decisions with as little information as you had to reach your verdict.

A single-source newspaper article that doesn't confirm the details leads you to the conclusion that "...NWA and their insurance carrier doesn't want to risk the cost of the defense..."

The only facts in evidence here are:

1. Mark Jimenez is a crook.
2. He has filed a lawsuit.

 

[AgDownUnder]

Fortunately, the courts don't render decisions with as little information as you had to reach your verdict.

A single-source newspaper article that doesn't confirm the details leads you to the conclusion that "...NWA and their insurance carrier doesn't want to risk the cost of the defense..."

The only facts in evidence here are:

1. Mark Jimenez is a crook.
2. He has filed a lawsuit.

Granted I take the merits of the case as printed. As an All Lines insurance adjuster, I can tell you what my file manager would say, "Settle This". There's too much exposure at risk to go to trial, you don't let punis get there. If you go to FindLaw.com, you'll be able to find case history on Bad Faith issues. Insurance companies Fear these because juries historically set very high awards.

 

[Occam's Razor]

Granted I take the merits of the case as printed. As an All Lines insurance adjuster, I can tell you what my file manager would say, "Settle This". There's too much exposure at risk to go to trial, you don't let punis get there. If you go to FindLaw.com, you'll be able to find case history on Bad Faith issues. Insurance companies Fear these because juries historically set very high awards.

Ok. Where do I go to find all the cases of this nature that were thrown out by a judge due to lack of merit?

 

[FN FAL]

Fortunately, the courts don't render decisions with as little information as you had to reach your verdict.

A single-source newspaper article that doesn't confirm the details leads you to the conclusion that "...NWA and their insurance carrier doesn't want to risk the cost of the defense..."

The only facts in evidence here are:

1. Mark Jimenez is a crook.
2. He has filed a lawsuit.

Yea, but those two "facts" are not to be intertwined. Otherwise, we could rip every American a new asshole.

 

[AgDownUnder]

Ok. Where do I go to find all the cases of this nature that were thrown out by a judge due to lack of merit?

Well, if the airline put SOME of the people in a hotel but not all on a delay (IIRC) of over 8 hrs, and this guy complained and put up the money to put the rest up in a hotel after the airline refused, it'll be damn hard to show a lack of merit. If the reading material is correct, the prima facia case is made, it'll go to trial. A judge is very limited in his ability to dismiss cases. If you want to research it, it might be a good thing to do. You can start at Findlaw, and go down to Legal Aid or your nearest university that has a law library.

 

[Hung Start]

I understand the liability part, but I'm sure there is something missing here. Just for a sake of discussion, what if:
A) there were only so many rooms in town? What happens then?
And,
B) the particular group in question, did not want to stay at a place that NWA may have been able to get.

I doubt any thinking company would look at a group defined by race and say,, "tough luck for you, should have been born in Japan"

But of course, it is an airline,, and I don't see much thinking going on at any of them.

 

[AgDownUnder]

I understand the liability part, but I'm sure there is something missing here. Just for a sake of discussion, what if:
A) there were only so many rooms in town? What happens then?
And,
B) the particular group in question, did not want to stay at a place that NWA may have been able to get.

I doubt any thinking company would look at a group defined by race and say,, "tough luck for you, should have been born in Japan"

But of course, it is an airline,, and I don't see much thinking going on at any of them.

A) If rooms aren't available, well that's a mitigating factor, but since the plaintiff managed to put everyone up on his dime, this won't bear out.

B) They have to show this is the case, but the claimant didn't say that they wanted to put them in unacceptable quarters, he claims they refused quarters.

You'd be surprised at the amount of racism throughout the world. In Japan, this act may have been legal, however NWA is a US Flag carrier and thereby subject to US rules wherever it may be operating.