Addington Case update - Translate please?

[Tweaker]

USAPA NEWS FLASH

Ninth Circuit Court Rules In Favor of USAPA and Denies Plaintiffs’ Motion
Yesterday, August 3, 2010, the Ninth Circuit Court of Appeals denied a motion to stay the "mandate." The motion was filed by the plaintiffs in the Addington appeal after the Ninth Circuit denied their petition to reconsider its decision of June 4th. That decision found the Addington lawsuit unripe and ordered the district court to dismiss it for lack of jurisdiction. The "mandate" is an appeal court's final instruction to lower courts to follow its decision. Today's ruling clears the way for the final action of the Ninth Circuit to actually issue the mandate, which is expected to happen within the next seven days. At that time the district court will be required to dismiss the remaining portions of the Addington case. Then the plaintiffs may petition the U.S. Supreme Court, so long as they do so within time limits already running.

 

[Tweaker]

Does this mean that the case will essentially have never happened?

I guess the EAST/WEST legal battle just got warped back about 1.5 years?

I have very little faith that a new contract with a single seniority list and contractual improvements over this maggot-infested, puss oozing CBA that I had the displeasure of toiling under for 5 short months is going to come to fruition within the next 12 months!

Management - 87
Peasantry - 0

 

[St. Nic]

It means the west lost the case and USAPA is free to integrate according to our CB&Ls- DATE OF HIRE

 

[grog_sit_reserv]

St Nic == Retard

Not what it means at all. The case wasn't ripe. If usapa neg's a doh contract than it will be "unquestionably ripe" and then there will be a retrial.

 

[Cowboy75]

St Nic == Retard

Not what it means at all. The case wasn't ripe. If usapa neg's a doh contract than it will be "unquestionably ripe" and then there will be a retrial.

St Nic and his crowd kind of remind of those Looney Tune cartoons. I picture the USAPA crowd as the Wiley Coyote that is is always getting outsmarted by the Road Runner.

It will probably be over St Nic's head since he is most likely too young to remember the series. Probably in the Ninja Turtle generation as one of those angry FO's hired in the late 90's.

 

[rumrunner300]

Writ of Mandamus

A writ of mandamus or simply mandamus, which means "we command" in Latin, is the name of one of the prerogative writs in the common law, and is issued by a superior court (appellate court) to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly.[1]
Mandamus is a judicial remedy which is in the form of an order from a superior court to any government, subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be.

The timewarp comment is exactly right.

rr

 

[xanderman]

Does this mean that the case will essentially have never happened?

I guess the EAST/WEST legal battle just got warped back about 1.5 years?

I have very little faith that a new contract with a single seniority list and contractual improvements over this maggot-infested, puss oozing CBA that I had the displeasure of toiling under for 5 short months is going to come to fruition within the next 12 months!

Management - 87
Peasantry - 0

Well here is my take...

Addington lost on appeal to the 9th Circuit. The case is not ripe. Yet... Basically what the 9th said was that USAPA is "as free" to bargain away from the Nic as ALPA was. However, if USAPA chooses that path and implements a DOH list then the Addington complaint instantly becomes ripe. DFR 2 will be litigated and considering the ample evidence and experience with this particular complaint it would not surprise me to see a slam dunk (don't get your panties twisted, it's just my opinion). Keep in mind too that the company has asked the District Court for an opinion regarding their liability. Can they be sued by the Addington class if they agree to a DOH list? That is just one of the three questions they asked of the court. So that in and of itself muddies the waters a bit. I suspect that USAPA will try their damnedest to close a contract with DOH now that they are free to. Frankly I welcome it. It just means that DFR 2 is that much closer and we can get the justice we seek. Regardless of what StNic spews on this board he seems to forget that there are four quarters in this game of smashmouth and it's only quarter number 3...

 

[TWA Dude]

Does this mean that the case will essentially have never happened?

No. All evidence and testimony from the original trial can be reused and that turned out to be a slam dunk. No guarantees but suffice it to say if we have to go to trial again chances are good for a repeat verdict.

I guess the EAST/WEST legal battle just got warped back about 1.5 years?

More like two years but essentially yes -- except for the pending litigation filed by the company. I find it very unlikely a judge is going to tell the company they're absolved from liability if they accept a non-Nic list. If the company refuses to negotiate a new list from USAPA it'll be obvious that little experiment in dumping ALPA failed.

 

[Ty Webb]

I think the whole thing is "overripe" and reeks. Too bad the USAirways guys weren't of the same caliber as the DAL and NWA pilots, this whole thing would have been avoided.

Is there anyone on Flightinfo, other than a USAir pilot, who thinks these guys have a leg to stand on?

 

[St. Nic]

Nobody with a sound mind supports the west land grab