Home
Forums
New posts
Search forums
What's new
New posts
New media
New media comments
New resources
Latest activity
Airline/Corporate
Airline Pilot & Corporate Pilot Discussion
Majors
Regionals
Nationals
Cargo
Charter
Fractionals
Corporate
Foreign Carriers
Interviews, Hiring, Intel
Unions
Furloughed
Crash Pads
Events & Seminars
Aviation Job Listings
GA/Military
General Aviation Discussion
Training & Instruction
Military
Helicopters & Rotorcraft
Gliders & Lighter-than-Air
Experimental & Homebuilders
Warbirds
Aerobatics
Vintage
Homebuilders
LSA and Ultralights
CFR/Medical
Aviation Regulation Discussion
Part 61
Part 91
Part 117
Part 121
Part 135
Medicals and Aviation Doctors
Other
Aviation Events and Airshows
Flight Attendants
Flight Dispatchers & Crew Schedulers
Air Traffic Control
Aviation Mechanics
RC Aircraft & Drones
Travel Info
Aircraft Maintenance
Aircraft Ownership
Cirrus Owners and Pilots Forum
Misc Aviation
Hangar Talk
Buying or Selling
Aircraft Rentals
Diet, Health, and Fitness in Aviation
Financial, Investing, Retirement
Memorial Section
Forum Feedback and Test Posts
Forum Resources
NC Software Web Site
NC Software
APDL - Airline Pilot Logbook
Airline Schedule Importer
APDL.net Cloud Portal
Logbook Pro Desktop
Logbook Pro Mobile
Cloud Backup Service
Cirrus Elite Pilot Logbook Binders
Turn-Key Printing Service
App Store Links
APDL on Apple App Store
Logbook Pro on Apple App Store
Logbook Pro on Google Play
Gallery
New media
New comments
Search media
Resources
Latest reviews
Search resources
Log in
Register
What's new
Search
Search
Search titles only
By:
New posts
Search forums
Menu
Log in
Register
Install the app
Install
Home
Forums
Airline Pilot & Corporate Pilot Forums
Majors
ALPA v. Alaska Airlines Lawsuit Status
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Reply to thread
Message
[QUOTE="Serial Smiler, post: 684406, member: 21794"] I know that information has been scarce with regard to the ALPA lawsuit filed against Alaska Airlines in May. But here's the scoop. Initially, Alaska Airlines was supposed to file a responsive pleading (Answer, Motion to Dismiss, etc.) by July 18, 2005. I think this is fairly common knowledge. What is not commonly known is that on July 15th the attorneys for both parties filed a Stipulation extending the deadline to file a response to Thursday, July 21st and also modifying the briefing schedule. In the papers filed, Alaska indicated that it intends to file a Rule 12(b) Motion. Fed R. Civ. P. 12(b) says this: [indent][b]Rule 12. Defenses and Objections--When and How Presented--By Pleading or Motion--Motion for Judgment on the Pleadings[/b] [b][size=2](b) How Presented.[/size][/b] Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a claim upon which relief can be granted, (7) failure to join a party under Rule 19. A motion making any of these defenses shall be made before pleading if a further pleading is permitted. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to that claim for relief. If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in [url="http://www.law.cornell.edu/rules/frcp/Rule56.htm"][color=#0000ff]Rule 56[/color][/url], and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56. [/indent]Basically, this means that Alaska intends to file a Motion to Dismiss or a Motion for Summary Judgment. ALPA must respond by August 17, 2005, Alaska can then file a reply in support of their motion by August 25, 2005 and the motion will be set for consideration by the Court on August 26, 2005. The Court, on August 26, 2005 will determine whether oral argument is necessary and, if they deem it necessary (which they usually do on motions for summary judgment, etc.) they will set it for a hearing. An Order will not likely be signed (whether granting or denying the motion) until some time in early or mid September. If Alaska files a Motion for Summary Judgment (or a Motion to Dismiss) and, after reading all of the court filings (pleadings) from both parties, the court rules in favor of Alaska Airlines, the case is dismissed, Alaska Airlines wins and that's the end of the lawsuit. If, however, the Judge denies the Motion, the case moves forward. It will also be interesting to see how ALPA responds to any motion filed today - they can file a Cross-Motion for Summary Judgment (if they have the legal grounds to support it) and if they do and they win, the case will be over but since ALPA would have won, presumably the Kasher Award would be thrown out and either Alaska Airlines would file an appeal (if they had the legal grounds to support it) OR negotiations on a new contract would begin all over again because there's no way Alaska management will allow the pilots to continue under their pre-Kasher contract. Anyway, just some info. for those who were wondering. Any motion filed today will likely not be filed until the last possible minute so I wont be able to find out what it says until tomorrow at the earliest. But all of this information is public record. All you have to do is go down to the court and request a copy - you have to pay some small per-page fee (something like 8 cents per page) but you can have the entire file copied if you want it. All you need is the case number and that is CV 05-897 RSL. The court is the United States District Court, Western District of Washington at Seattle. [/QUOTE]
Insert quotes…
Verification
Post reply
Home
Forums
Airline Pilot & Corporate Pilot Forums
Majors
ALPA v. Alaska Airlines Lawsuit Status
This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
By continuing to use this site, you are consenting to our use of cookies.
Accept
Learn more…
Top