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	<title>
	Comments on: Damned if you do files: $400k for &#8220;profiling&#8221;	</title>
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	<link>https://www.overlawyered.com/2007/01/damned-if-you-do-files-400k-for-profiling/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Sun, 21 Jan 2007 23:27:11 +0000</lastBuildDate>
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		<title>
		By: wendy74		</title>
		<link>https://www.overlawyered.com/2007/01/damned-if-you-do-files-400k-for-profiling/comment-page-1/#comment-5495</link>

		<dc:creator><![CDATA[wendy74]]></dc:creator>
		<pubDate>Sun, 21 Jan 2007 23:27:11 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4429#comment-5495</guid>

					<description><![CDATA[Wow 400k seems like alot of money, for someone who&#039;s feelings got bruised.  My husband is a pilot for a major airline company and I worry everyday about his safety. I saw this man give an interview today and stated that he was gonna try a set an example for people who judge by looks or race.  But in my opinion arabs have brought this on themselves.  We are in the United States and have every reason to feel threatened by them.  In my opinion the crew was doing there job.  So where does it state that because someone does there job and someone gets offended we pay them 400k?  Does 400k send a point to pilots not to question someone who looks suspicious? What message does it send?  How often are they wronge or how often to they pull people aside cause of there race?  I fly often and despite i&#039;m married to a pilot I still have to empty my bottles and if I were questioned I fully understand they are doing there job better safe than sorry and hundreds of people killed by an oversight.  I am livid that the goverment is sending a message that 400k is needed to fix this man&#039;s broken ego.  He got a freakin refund, what damages did he recieve over this incident. A missed flight? OMG when are they going to realize we are in the states and we have rules  we are civil people.  Would he rather they don&#039;t profile or do there job or use there best judgement.  What if the passengers next to him were terrorist?  What then, would he still be pissed that he got embarressed or that his butt was saved? The whole thing in my opinion is stupid my husband risks his life everyday he flys not knowing if yes a terrorist is on board why would we want to let our guard down? If anything the goverment could of used that money for other important issues such as more security than to support this man&#039;s bruised ego.
]]></description>
			<content:encoded><![CDATA[<p>Wow 400k seems like alot of money, for someone who&#8217;s feelings got bruised.  My husband is a pilot for a major airline company and I worry everyday about his safety. I saw this man give an interview today and stated that he was gonna try a set an example for people who judge by looks or race.  But in my opinion arabs have brought this on themselves.  We are in the United States and have every reason to feel threatened by them.  In my opinion the crew was doing there job.  So where does it state that because someone does there job and someone gets offended we pay them 400k?  Does 400k send a point to pilots not to question someone who looks suspicious? What message does it send?  How often are they wronge or how often to they pull people aside cause of there race?  I fly often and despite i&#8217;m married to a pilot I still have to empty my bottles and if I were questioned I fully understand they are doing there job better safe than sorry and hundreds of people killed by an oversight.  I am livid that the goverment is sending a message that 400k is needed to fix this man&#8217;s broken ego.  He got a freakin refund, what damages did he recieve over this incident. A missed flight? OMG when are they going to realize we are in the states and we have rules  we are civil people.  Would he rather they don&#8217;t profile or do there job or use there best judgement.  What if the passengers next to him were terrorist?  What then, would he still be pissed that he got embarressed or that his butt was saved? The whole thing in my opinion is stupid my husband risks his life everyday he flys not knowing if yes a terrorist is on board why would we want to let our guard down? If anything the goverment could of used that money for other important issues such as more security than to support this man&#8217;s bruised ego.</p>
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		<item>
		<title>
		By: gitarcarver		</title>
		<link>https://www.overlawyered.com/2007/01/damned-if-you-do-files-400k-for-profiling/comment-page-1/#comment-5494</link>

		<dc:creator><![CDATA[gitarcarver]]></dc:creator>
		<pubDate>Thu, 18 Jan 2007 00:31:02 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4429#comment-5494</guid>

					<description><![CDATA[I think that the &quot;offense&quot; may have been &quot;profiling&quot; which appears to be the reason he was denied services to any American Airlines flight after the incident.

&quot;John Cerqueira, a south Florida computer consultant, claimed he was denied service because the airline mistakenly believed he was of Arab, Middle Eastern or South Asian decent. &lt;a href=&quot;http://www.wistv.com/Global/story.asp?S=5946132&quot; rel=&quot;nofollow&quot;&gt;American Airlines passenger awarded $400K&lt;/a&gt;  A picture of Mr. Cerqueira can be found &lt;a href=&quot;http://www.digitaljournal.com/article/92848/Portuguese_man_Awarded_400_000_In_Racial_Profiling_Case&quot; rel=&quot;nofollow&quot;&gt;here.&lt;/a&gt;


]]></description>
			<content:encoded><![CDATA[<p>I think that the &#8220;offense&#8221; may have been &#8220;profiling&#8221; which appears to be the reason he was denied services to any American Airlines flight after the incident.</p>
<p>&#8220;John Cerqueira, a south Florida computer consultant, claimed he was denied service because the airline mistakenly believed he was of Arab, Middle Eastern or South Asian decent. <a href="http://www.wistv.com/Global/story.asp?S=5946132" rel="nofollow">American Airlines passenger awarded $400K</a>  A picture of Mr. Cerqueira can be found <a href="http://www.digitaljournal.com/article/92848/Portuguese_man_Awarded_400_000_In_Racial_Profiling_Case" rel="nofollow">here.</a></p>
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		<title>
		By: OBQuiet		</title>
		<link>https://www.overlawyered.com/2007/01/damned-if-you-do-files-400k-for-profiling/comment-page-1/#comment-5493</link>

		<dc:creator><![CDATA[OBQuiet]]></dc:creator>
		<pubDate>Wed, 17 Jan 2007 19:24:48 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4429#comment-5493</guid>

					<description><![CDATA[Nevins&#039; comment seems economically unsound. How are airlines to price tickets that  carry a risk of loss of business liability? I guess they could require Business class bookings for this and charge a premium that would allow them to insure against the risk. Airlines also have little control over TSA. Are you suggesting a major increase in the fees added to tickets to cover an insurance policy from airport security delays?

But it is the traveler that  best knows the value of a timely arrival and is in the best position to judge whether some sort of insurance is in order. And this insurance is easily obtained with minimal cost by arriving early for our flight.
]]></description>
			<content:encoded><![CDATA[<p>Nevins&#8217; comment seems economically unsound. How are airlines to price tickets that  carry a risk of loss of business liability? I guess they could require Business class bookings for this and charge a premium that would allow them to insure against the risk. Airlines also have little control over TSA. Are you suggesting a major increase in the fees added to tickets to cover an insurance policy from airport security delays?</p>
<p>But it is the traveler that  best knows the value of a timely arrival and is in the best position to judge whether some sort of insurance is in order. And this insurance is easily obtained with minimal cost by arriving early for our flight.</p>
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		<item>
		<title>
		By: KipEsquire		</title>
		<link>https://www.overlawyered.com/2007/01/damned-if-you-do-files-400k-for-profiling/comment-page-1/#comment-5492</link>

		<dc:creator><![CDATA[KipEsquire]]></dc:creator>
		<pubDate>Wed, 17 Jan 2007 18:18:48 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4429#comment-5492</guid>

					<description><![CDATA[Without knowing precisely what the three passengers said, the issue seems to reduce to whether a pilot&#039;s discretion in such matters is plenary or subject to at least some sort of reasonable expert standard.

I&#039;m always fearful of plenary power, so I&#039;ll opt for a reasonableness standard.

(That&#039;s solely as to liability; I have no opinion on the damages.)
]]></description>
			<content:encoded><![CDATA[<p>Without knowing precisely what the three passengers said, the issue seems to reduce to whether a pilot&#8217;s discretion in such matters is plenary or subject to at least some sort of reasonable expert standard.</p>
<p>I&#8217;m always fearful of plenary power, so I&#8217;ll opt for a reasonableness standard.</p>
<p>(That&#8217;s solely as to liability; I have no opinion on the damages.)</p>
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		<item>
		<title>
		By: nevins		</title>
		<link>https://www.overlawyered.com/2007/01/damned-if-you-do-files-400k-for-profiling/comment-page-1/#comment-5491</link>

		<dc:creator><![CDATA[nevins]]></dc:creator>
		<pubDate>Wed, 17 Jan 2007 17:58:36 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4429#comment-5491</guid>

					<description><![CDATA[As a middle aged white guy I realize it&#039;s now my duty to bend over and get wanded so that the statistics balance out and the right passengers can get the wand.  But, as I bend over and take one for the team, I expect that my losses and inconveniences will be made whole.  If I am caused to miss a flight, then the Airline had better get me on the next (not next available open seat, but absolutely the next flight) to my destination.  Then without hesitation they will pick up any incurred costs without argument.  Indirect costs (lost business) will be handled quickly and fairly with non-binding arbitration preserving my right to a jury trial.
It&#039;s OK for some passengers to be inconvenienced, but since society is gaining some safety (in name only, many would argue there is no safety advantage in current TSA activities) it should compensate freely those who paid with their time and inconvenience for that safety.
Once cleared for takeoff that passenger should have been treated with kid gloves, sincerest thanks, and a first class seat.  As it was he was told to take a hike and he was rightfully pissed off.
]]></description>
			<content:encoded><![CDATA[<p>As a middle aged white guy I realize it&#8217;s now my duty to bend over and get wanded so that the statistics balance out and the right passengers can get the wand.  But, as I bend over and take one for the team, I expect that my losses and inconveniences will be made whole.  If I am caused to miss a flight, then the Airline had better get me on the next (not next available open seat, but absolutely the next flight) to my destination.  Then without hesitation they will pick up any incurred costs without argument.  Indirect costs (lost business) will be handled quickly and fairly with non-binding arbitration preserving my right to a jury trial.<br />
It&#8217;s OK for some passengers to be inconvenienced, but since society is gaining some safety (in name only, many would argue there is no safety advantage in current TSA activities) it should compensate freely those who paid with their time and inconvenience for that safety.<br />
Once cleared for takeoff that passenger should have been treated with kid gloves, sincerest thanks, and a first class seat.  As it was he was told to take a hike and he was rightfully pissed off.</p>
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