LoyaltyLobby reader sent me a link to an internet archive where he has saved copies of all the documents that has been filed on this case by both parties and can normally be accessed using PACER. You can access them here.
Seems that I had missed one of the documents that the defendants had filed on this case. This is to support Le Parker Meridien’s and Parker Palm Springs motion to dismiss it.
Let me start by saying that I am not a lawyer and everybody should just download & read the motion above.
But here’s the summary of arguments that they think should support the dismissing of this case:
1. All the alleged over payments have been returned
2. There is the license agreement that is separate from the SPG agreement
3. Breach under the SPG agreement could only lead to termination of that agreement and not the license one
There are few references to various cases that support their arguments above.
conclusion
You may wonder why I cover this issue at all on LoyaltyLobby? I think that it is important to understand how these programs work and that there can sometimes be a conflict of interest between the program & property.
We should learn a lot more about how these properties allegedly conducted fraud by cooking the books that lead to higher reimbursements from SPG.
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