Pylut, the original lawsuit had the following:
The lawsuits against the APA, TWA and AA were summarily dismissed as was the lawsuit against ALPA. On appeal the Appeals Court decided to allow Bensel and the TWA pilots to proceed with discovery.
The Court stated: "It is our belief that at this stage of the proceedings Plaintiffs should be given a fuller opportunity for discovery relating to Count I and permitted to ascertain if there is any factual support for their claims. At this point we ask “not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims.”
"It may be that ALPA properly carried out its duty of fair representation and there was nothing ALPA could realistically accomplish under difficult circumstances. But it is too early to decide this issue at this point."
LEROY BENSEL, individually and
as representative of a class consisting
of former Trans World Airlines, Inc.,
pilots employed by TWA Airlines LLC
as of April 2001,
Appellant
v.
ALLIED PILOTS ASSOCIATION;
TWA AIRLINES, LLC;
AIR LINE PILOTS ASSOCIATION;
AMERICAN AIRLINES, INC.as representative of a class consisting
of former Trans World Airlines, Inc.,
pilots employed by TWA Airlines LLC
as of April 2001,
Appellant
v.
ALLIED PILOTS ASSOCIATION;
TWA AIRLINES, LLC;
AIR LINE PILOTS ASSOCIATION;
The lawsuits against the APA, TWA and AA were summarily dismissed as was the lawsuit against ALPA. On appeal the Appeals Court decided to allow Bensel and the TWA pilots to proceed with discovery.
The Court stated: "It is our belief that at this stage of the proceedings Plaintiffs should be given a fuller opportunity for discovery relating to Count I and permitted to ascertain if there is any factual support for their claims. At this point we ask “not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims.”
"It may be that ALPA properly carried out its duty of fair representation and there was nothing ALPA could realistically accomplish under difficult circumstances. But it is too early to decide this issue at this point."