Ralph Nader (plaintiff) bought a ticket for a flight operated by Allegheny Airlines, Inc. (Allegheny) (defendant). Nader was travelling to a speaking engagement in Hartford, Connecticut. Following Nader’s purchase, Allegheny informed Nader that he had a “confirmed reservation” on the flight. Allegheny had a practice of intentionally overbooking its flights. Allegheny did not inform Nader of its overbooking policies. Nader had experienced overbooking with other airlines, but only as the result of a mistake. Nader was removed from his flight to his speaking engagement in accordance with Allegheny’s overbooking policy. Nader brought suit for fraudulent misrepresentation based on Allegheny’s failure to inform Nader of its overbooking policy.