Saturday, July 29, 2000
What's the Buzz?
Judge grounds Delta countersuit
The Cincinnati Enquirer
Harvey Rosen's Skymiles have been freed.
Like many Greater Cincinnati travelers, Mr. Rosen noticed that it was often cheaper to fly from Louisville or Columbus on Delta Air Lines than from Cincinnati.
But Delta officials noticed when the Mount Lookout frequent flier started buying advance tickets from regional airports, but still began and ended his journeys at Cincinnati/Northern Kentucky International Airport within days of the purchase.
The carrier demanded Mr. Rosen pay $9,000 he would have owed had he bought tickets that reflected his actual travel, and prevented him from using his accumulated Skymiles.
So Mr. Rosen sued, Delta countersued, and Friday a judge figured it all out.
Visiting Judge Richard Parrott noted a federal regulation barring the carrier from seeking the money at all.
Judge Parrott agreed to issue an injunction against Delta, freeing the Skymiles. He also dismissed Delta's countersuit and said that the airline suffered no damage from Mr. Rosen's activities.
A Delta spokeswoman said the carrier was disappointed with the ruling.
Some customers know how to get around the system, but we try to make the system as consistent as possible, Cindi Kurczewski said.
Mr. Rosen's lawyer William Blessing said that Mr. Rosen still travels extensively across the country for his consulting business.
He is still trying to fly as cost-effectively as possible, Mr. Blessing said.
And he never does anything to confuse or deceive Delta employees.
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What's the Buzz?