Clearly, discontent will remain. It doesn't sound like US Airways (or any successor) is free of potential legal liability either. Considering that, I wonder how AMR and its creditors will look upon potential legal jeopardy going forward should USAPA force something against the west and they persue a claim (which you know they will). Wouldn't surprise me to see Horton pitching that angle to the creditors to bolster his desire to emerge from Chapter 11 stand alone and then control any merge with whomeve and in the case of US Airways, in part or whole.
Alternately, you have a stalemate that might preclude any true merger of operations going forward and I wonder if ANY future acquirer of US Airways will want to ingratiate themselves into this. Perhaps Parker might have to consider a fragmentation scenario of selling one side and sticking with the other in a merger ?
Not sure of the feasability of that or if they've considered that option, but I don't see a merger resolving this as all it would seem to do would be to shift financial jeopardy to new parties. Not sure if the ROI on inheriting either an internally fragmented carrier or a single one littered with 5-10 years worth of lawsuits would be worth it.