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USAPA wins appeal!!!!!!

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The 9th said the company hasn't accepted the list yet, so they haven't committed a DFR. However, they say as soon as they get a DOH list the DFR is "unquestionably" ripe. It's a Mexican stand off. If USAPA pulls the trigger, the 9th blows their head off. It's time for the company to get involved and finally resolve this. Nothing has changed.
 
Ocity said:
The 9th said the company hasn't accepted the list yet, so they haven't committed a DFR. However, they say as soon as they get a DOH list the DFR is "unquestionably" ripe. It's a Mexican stand off. If USAPA pulls the trigger, the 9th blows their head off. It's time for the company to get involved and finally resolve this. Nothing has changed.
Click to expand...

I read that they are telling Wake to dismiss the case...dismiss it.
 
Ocity said:
The 9th said the company hasn't accepted the list yet, so they haven't committed a DFR. However, they say as soon as they get a DOH list the DFR is "unquestionably" ripe. It's a Mexican stand off. If USAPA pulls the trigger, the 9th blows their head off. It's time for the company to get involved and finally resolve this. Nothing has changed.
Click to expand...


Have you seen the final ruling?!?!? did hear it's due to ripeness but haven't seen the actual wording. Either way....with LOA 93 about to be won, we have quite a bit of time to ride our retirements and possibly pay raises for a long time......

think it's time for the west to realize this is going nowhere, and I doubt you guys can raise the cash for another full trial, How much did the first one get you!??!?! Time to come to the table and both sides need to agree on something that pisses both sides off, not one side holding a lottery ticket.
 
Ocity said:
The 9th said the company hasn't accepted the list yet, so they haven't committed a DFR. However, they say as soon as they get a DOH list the DFR is "unquestionably" ripe. It's a Mexican stand off. If USAPA pulls the trigger, the 9th blows their head off. It's time for the company to get involved and finally resolve this. Nothing has changed.
Click to expand...


In essence, the 9th said walking around with a vest made of dynamite and threatening to detonate it is perfectly acceptable. You only cross the line when you ACTUALLY detonate it.
 
get2flyin said:
In essence, the 9th said walking around with a vest made of dynamite and threatening to detonate it is perfectly acceptable. You only cross the line when you ACTUALLY detonate it.
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I'm pretty sure that the Addington case will be totally dismissed and after we have a DOH contract they can re-sue.
 
No chirping on what the balanced owed is on that legal representation??? I'm sure you'll have a number of lawyers wanting to help out on a retrial a number of years from now, especially if you have an open bill with the original law firm....
 
Crzipilot said:
No chirping on what the balanced owed is on that legal representation??? I'm sure you'll have a number of lawyers wanting to help out on a retrial a number of years from now, especially if you have an open bill with the original law firm....
Click to expand...

The west had asked Wake to order us to pay $1.8m for their legal fees.
 
from my email:

"USAPA NEWS FLASH
The Ninth Circuit has ruled in USAPA’s favor in the Addington case on ripeness grounds. The case has been remanded to Judge Wake with instructions to dismiss the case. The ruling is being reviewed by Legal now; more information will follow."

anyone know what "ripeness grounds" means?
 
LearLove said:
from my email:

"USAPA NEWS FLASH
The Ninth Circuit has ruled in USAPA’s favor in the Addington case on ripeness grounds. The case has been remanded to Judge Wake with instructions to dismiss the case. The ruling is being reviewed by Legal now; more information will follow."

anyone know what "ripeness grounds" means?
Click to expand...


It was to early to sue.
 
Meaning, how can you sue with nothing has happened to hurt you. Your predicting what will happen in the future, and want to be compensated for it now, before that train crashes into your car.

I guess they figured the judges had the same crystal ball they've been using...

Now I would imagine if a CBA is voted in, including a DOH list. (what maybe in 2-3 years) Then they MIGHT have a case for the seniority not being based on NIC....

then they will probably have to wait another 1-2 years to get the case in front of a judge, then another 6 months to a year to get a ruling.

Then of course another 6 months or so for an appeal from whichever side loses.

So I guess you might see another lawsuit in 4-5 years. This of course if the Westies can come up with another 1.8 million on top of the 1.8 million they already owe their lawyer....
 
Last edited:
WSurf said:
heheheheh
Click to expand...


Seriously there needs to be found a way to get the WO's onto the seniority list and fold the dash and rj flying onto the list.

give you guys DOH with maybe some sort of slotting to bid onto bigger equipment or something....I dunno...... Unfortunately due to the bad blood in previous attempts, I don't think there are enough level heads on both sides to get such a venture done....
 
Crzipilot said:
No chirping on what the balanced owed is on that legal representation??? I'm sure you'll have a number of lawyers wanting to help out on a retrial a number of years from now, especially if you have an open bill with the original law firm....
Click to expand...


Do you really believe that because one group of sharks went hungry that another group of sharks won't hit that nice fat seal when it swims by? My guess is that those lawyers will line right back up to sue. That way they can pad the billable hours and get back everything they aren't getting today. And they will be back in court just as soon as a DOH list is implemented. The DFR is only delayed. The arbitration award remains legally binding.
 
DOH,

Uhmmm....they might, they might not, it depends on how much NOT getting paid financially hurts their firm. Lawyers aren't charity cases and that's a pretty big nut to be gambling on.

True, your guess is there's enough lawyers out there hungry that someone will pick the case up, fair enough, but exactly how good will that next ambulance chaser be?

By your assertion, are you stating that the West's law firm padded their hours, in such case misrepresenting to the courts what their actual billable hours were??? Do you have knowledge of this?

Either way, the sooner you guys accept what has transpired in the last few hours, the sooner you will be at peace.....
 
Easties: understand what this means. The injunction is lifted so USAPA is free to negotiate whatever list it likes, but, if it again violates the DFR an injunction will stop it. So in effect we're back to were we were when USAPA won its election. Enjoy your victory.
 
Crzipilot said:
Meaning, how can you sue with nothing has happened to hurt you. Your predicting what will happen in the future, and want to be compensated for it now, before that train crashes into your car.

I guess they figured the judges had the same crystal ball they've been using...

Now I would imagine if a CBA is voted in, including a DOH list. (what maybe in 2-3 years) Then they MIGHT have a case for the seniority not being based on NIC....

then they will probably have to wait another 1-2 years to get the case in front of a judge, then another 6 months to a year to get a ruling.

Then of course another 6 months or so for an appeal from whichever side loses.

So I guess you might see another lawsuit in 4-5 years. This of course if the Westies can come up with another 1.8 million on top of the 1.8 million they already owe their lawyer....
Click to expand...

You're right, Crazi. Your starving former East furloughs should be able to feast on the careers of the America West pilots. In fact, I think you should ask USAPA to contractually allow East pilots to raid the money West pilots set aside for their kid's college fund. Hey, I'm sure you were planning on your kid going to Harvard but didn't bother to put any money aside. Never mind the fact that by parroting Daddy's ethics they'd be lucky to get into the local community college. It's all about entitlement. Should you be entitled to have my ATM PIN as well?

Don't worry about the money. In a battle for integrity, each West pilot is willing to dig deeply into his pockets to support the group of ALL West pilots. I'm sure this is a foreign concept to you but watch closely. You might actually learn something....or not.
 

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