Originally Posted by
TANSTAAFL
Thank you for the correction. Once they assess it is not voluntary.
The point is ALPA has never assessed as the result of a lawsuit - yet.
There is nothing in the CBL as far as I know that prevents them from doing so should the need arise. If the choice is go insolvent or BK as an organization or assess I have no doubt as to what they will do.
That said I agree with the ALPA perspective that this is a normal trial phase, and that even in the remote chance that damages are found, it will be to a relatively small group of individuals, not the entire TWA pilot group.
There are frequent big buck lawsuits usually settled for pennies on the dollar over the original claim - frequently as "go away" money vs. a finding of wrong doing.
You're talking about what normally happens
before there is a finding of wrong doing. That's not an option here because a jury has found wrong doing when they ruled against ALPA.
I'm fairly sure there will be a judgment large enough to force ALPA into bankruptcy...which will then discharge the jury's award. But the time for "go away" money has long since passed.
Carl