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United Baggage Lawsuit

United Baggage Lawsuit

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Published by Heather Martinez
Baggage lawsuit
Baggage lawsuit

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Published by: Heather Martinez on Jul 07, 2014
Copyright:Traditional Copyright: All rights reserved

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07/25/2014

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IN THE CIRCUIT COURT OF COOK COUNTY ILLINOIS COUNTY
DEPARTMENT
CHANCERY DIVISION GINA SPADONI
individually, and on behalf
of
all others similarly situated, Plaintiff,
V.
) No.
2 14CH11
i
19
CALENDAR/ROOM
11
UNITED AIRLINES
INC., a Delaware corporation formerly known as Continental Airlines, Inc.,
TIME
0 ):00
Cl 3SS
A::tiotl
Defendant. Jury Trial Demanded
CLASS ACTION COMPLAINT
Plaintiff GINA SPADONI ( Plaintiff'), on behalf
of
herself and all
t~~~
simJtarly
r
_.,
-.
;.' '
· _
.
{
situated, by and through counsel, brings this action against Defendant UNITED. AIRLINES,
r '·
I
:;r;,
C...
-...:
INC. ( United or Defendant ), a Delaware corporation formerly known Contiuental
=:.:.
Airlines, Inc., and hereby alleges as follows:
(
PARTIES
1.
At all relevant times, Plaintiff was a resident and citizen
of
Illinois.
2.
United is the resulting company from the merger
of
United Air Lines, Inc. ( UAL ) and Continental Airlines, Inc. ( Continental ). On March 28, 2013, Continental, a wholly-owned subsidiary
of
United Continental Holdings, Inc. ( United Holdings ), and UAL, another wholly-owned subsidiary
of
United Holdings, entered into an Agreement and Plan
of
Merger providing for the merger
of
UAL with and into Continental. On March 31, 2013, UAL merged with and into Continental, with Continental continuing as the surviving corporation and
as
a wholly-owned subsidiary
of
United Holdings. Upon the closing
of
the merger on March 31, 2013, Continental's name was changed
to
United Airlines, Inc.
 
3.
United's headquarters is located
n
the State
of
Illinois, with its headquarters and principal place
of
business in Cook County.
JURISDICTION ND VENUE
4. Jurisdiction over Defendant is proper under 735 ILCS 5/2-209(a)(1) (transaction
of
any business within this State), section 2-209(a)(7) (the making
or
performance
of
any contract or promise substantially connected with this State), section 2-209(b)(4) (corporation doing business within this State), and section 2-209(c) (any other basis
now
or hereafter permitted by the Illinois Constitution and the Constitution
of
the United States).
5.
Venue is proper
in
this County pursuant to 735 ILCS 5/2-101, because this is the county in which the transaction,
or
some part thereof occurred, and Defendant is a corporation doing business in this County. 735 ILCS 5/2-102(a).
SUBST NTIVE LLEG TIONS
United s Contract
o
Carriage
6.
United is a commercial airline that provides air transport services.
7.
United's transport
of
passengers and their baggage is subject to the terms and conditions
of
United's Contract
of
Carriage. A copy
of
United's Contract
of
Carriage, revised July 18,2013, is attached hereto as Exhibit
1.
8.
United's Contract
of
Carriage defines passenger as any person, except members
of
the crew, carried or holding a confirmed reservation to
e
carried in an aircraft with the consent
ofthe
carrier. (Exhibit
1
Rule
1
p.6).
9.
United's Contract
of
Carriage defines baggage as such reasonable articles, effects and other personal property
of
a ticketed Passenger as are reasonably necessary or appropriate for the wear, use, comfort or convenience
of
the Passenger
in
connection with the 2
 
Passenger's trip. (Exhibit
1
Rule
1
p.2). 10. Upon information and belief, the terms and conditions in United's Contract
o
Carriage have appeared in the same or materially similar form in each revised version
o
United's Contract
o
Carriage, UAL's Contract
o
Carriage, and Continental's Contract
o
Carriage at all relevant times complained
o
herein.
United s Transportation
o
Checked Baggage
11.
For a fee, United permits its passengers to check up to two (2) pieces
o
baggage for carriage in the cargo compartment
o
its passenger aircraft. (Exhibit
1
Rule 23(B)(l), p.21).
12.
United's Contract
o
Carriage defmes checked baggage as baggage that a ticketed Passenger has requested be carried by the carrier and for which the carrier has issued a Baggage Claim Tag to the Passenger. (Exhibit
1
Rule
1
p.3).
13.
For travel within the United States, United charges its passengers a fee
o
twenty-five dollars ($25.00) for the first piece
o
baggage that they request be checked, and a fee
o
thirty-five dollars ($35.00) for the second piece
o
baggage that they request be checked. (Exhibit
1
Rule 23(B)(l), p.21). 14. The checked baggage fee is non-refundable. (Exhibit
1
Rule 23(B)(l)(b), p.21). 15. Checked baggage must conform to the weight and size requirements set forth
n
United's Contract
o
Carriage. (Exhibit
1
Rule 23(A)-(B), pp.20-21). Specifically, United will accept up to two (2) pieces
o
checked baggage with a maximum weight
o
fifty (50) pounds and a maximum outside linear dimension
o
sixty-two (62) inches, subject to the payment
o
the aforesaid fees. (Exhibit
1
Rule 23(B)(l), p.21). 3

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