Delta Air May File Bankruptcy Wed or Thurs?

[spinproof]

The judge recommended class action not based on the merits, but rather as the best use of court resources. IOW, he only wants to hear similar claims once. He does not want to revisit the issue again with a different batch of similarly situated plaintiffs. It has nothing whatsoever to do with the merits, or lack thereof of the RJDC claims. Spinroof, you seem full of nothing but spin, completely unable to back up your claims. Can we at least agree that 90% of the RJDC claims, which included six claims seeking monetary damages in the billions were summarily dismissed?

Yes. I will agree that certain actions were dismissed. Thoses actions were in conflict to class action. They were monetary in nature and were based on individual claims. Ford,et al.

The main case however is all that's important and continues in class action status! Since discovery continues at a snails pace perpetuated by ALPAs attorneys, several motions by the defense(ALPA) have been denied. I refer to those actions and not the preliminaries.

If court resources and not LAW was the determining issue for law suit status
all trials would be held at Krispy Kremes and have misdeameanor status!
TIC-TIC-TIC_...........

 

[Vortilon]

Dave,

I don't know what the General thinks but I believe there will NOT be any J4J or similar in this TA (whenever we get one done). It hasn't been hinted at in any of the company or DALPA proposals to date nor has their been any public outcry for it by DAL pilots.

Obviously its just an opinion but the only people that seem to be interested in batting that idea around are on this BB.

 

[MedFlyer]

From the local Cincy rag:

http://www.enquirer.com/editions/2004/10/27/biz_delta27.html

Delta Air Lines is prepared to file for bankruptcy as soon as this evening or Thursday morning if it doesn't reach a deal with its pilots union today, company sources said.

 

[General Lee]

Dave,

I don't know if there would be a J4J component. Maybe, if the scope clause as we know it is violated to a certain extent.



Medflyer,


I still think something will be worked out today. I hope so, but it does apear that Dalpa is not just giving in.


Bye Bye--General Lee

 

[FDJ2]

Yes. I will agree that certain actions were dismissed. Thoses actions were in conflict to class action. They were monetary in nature and were based on individual claims. Ford,et al.

The main case however is all that's important and continues in class action status! Since discovery continues at a snails pace perpetuated by ALPAs attorneys, several motions by the defense(ALPA) have been denied. I refer to those actions and not the preliminaries.

If court resources and not LAW was the determining issue for law suit status
all trials would be held at Krispy Kremes and have misdeameanor status!
TIC-TIC-TIC_...........

Spin, I must say your responses are getting better and actually show some research, maybe even individual research on your part . Now that the niceties are done I'll respond.

I will agree that certain actions were dismissed. Thoses actions were in conflict to class action. They were monetary in nature and were based on individual claims. Ford,et al.

Remember that the entire lawsuit was based on individual claims, it is only when the judge summarily dismissed 9 out of 10 claims (BTW, there are no side claims, particularly when they ask for $$$billion$$$ in relief) that the lawsuit boiled down to only injunctive relief on the last remaining claim. Additionally, having a claim that seeks monetary relief is not in and of itself in conflict with class certification. It happens all the time. Have you seen those Tobaco lawsuits? Yikes. The only reason the judge ordered the RJDC to seek class certification was for the efficient utilization of judicial resources.

The efficient administration of judicial resources would suggest that, rather than joining 300 more parties to the action, the parties should consider identifying a suitable class representative (or representatives) for the Comair pilots collectively, and then seek class certification at an appropriate time. Judge Glasser

One has to wonder why the RJDC didn't seek class certification on its own initiative, but rather had to be ordered to seek it or explain why not.

The main case however is all that's important and continues in class action status! Since discovery continues at a snails pace perpetuated by ALPAs attorneys, several motions by the defense(ALPA) have been denied. I refer to those actions and not the preliminaries.

The main case had 10 claims and now there is only one remaining. Whether it survives discovery has yet to be determined. However, if you choose to highlight a score card of procedural motions ,after the lawsuit had all monetary claims dismissed along with 90% of the claims in only round one, ignoring the gutting of the lawsuit and somehow draw comfort from that, have at it.

I'll leave you with one interesting quote from Judge Glasser's decision which might be of interest and then I'll leave you the last word.

Defendants are correct that the LMRDA does not requires a union to extend to members of one bargaining unit the right to participate in the deliberations and vote on the matters before another bargaining unit, even when the second unit’s actions might affect the rights of members in the first unit. See Marshall v. Local Union

 

[601Pilot]

Delta Talks ...

Delta Talks With Pilots Come Down To The Wire



Aviation Daily

10/27/2004
Delta's management and board today will likely face a decision on whether to take the airline into Chapter 11 bankruptcy protection, with a lot depending on the outcome of intense negotiations with its pilots.
Talks continued yesterday after moving nonstop since Monday, but there was still no deal by the time The DAILY went to press. Sources were not hopeful that the $1 billion concession deal management was seeking could be reached last night, and there was even talk of a complete breakdown in negotiations. However, the discussion changed hourly, and there were plenty of variables, one union source warned. If there is no deal, Delta is ready to file for bankruptcy as early as today.
Delta's stock jumped yesterday more than 20% to $4.73 per share, after JP Morgan analyst Jamie Baker issued an optimistic note that bankruptcy could be averted for several months if a pilot deal is reached. Baker reduced the odds of bankruptcy in the coming days and weeks from 85% to 30%. "Delta is by no means out of the woods, though cash no longer appears in as short supply as once thought," Baker wrote. Delta's 185 dispatchers brought one bit of good news after reaching a tentative accord with management on new contract terms.