Tuesday, September 6, 2016

Sheesh 11th Circuit, You Could Have Just Said You Don't Like Our Theory of the Case.


Did you have to put such a fine point on it?
Whatever else the second amended complaint asserts, it does not allege a direct link -- or, indeed, any link at all -- between Spirit’s presentation of its Passenger Usage Fee and the plaintiffs’ decision to purchase tickets on Spirit’s website.  It pleads causation only at the highest order of abstraction and supports the claim only with conclusory assertions; notably absent is an allegation of any specific fact that would make those conclusions plausible.  Thus, the complaint does not so much as tell us the prices that the various plaintiffs paid for their tickets or the prices that other airlines charged for comparable flights, to say nothing of the many factors aside from cost that might induce someone to purchase an airline ticket.  The complaint does not even allege that the plaintiffs would not have purchased their tickets from the Spirit website had they known that the Passenger Usage Fee was not authorized or collected by the government. 
Moreover, it strains credulity to insist -- as the plaintiffs must -- that a customer willing to purchase a ticket for $129 in base fare plus an $8.99 Passenger Usage Fee (among other taxes and fees) announced before the tickets were purchased would balk at purchasing a ticket if he knew that the $8.99 fee came from the airline and not the government.  In short, it seems utterly implausible to us that Spirit’s customers would have declined to purchase a ticket if, in the “taxes and fees” listing on Spirit’s website, they encountered an item titled “Airline-Imposed Passenger Usage Fee.”
In other news, it now costs $1700 to host a fundraiser?

Not the ones I go to.

Happy Tuesday!!


1 comment:

Anonymous said...

Awful!