Thread: AOL update
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Old 04-01-2014 | 04:07 PM
  #2976  
SewerPipeDvr
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Joined: Oct 2012
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From: Done with that
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Originally Posted by ackattacker
She ruled against the company's request to remove footnote 15. Obviously no one (Company, APA, or USAPA) plans to follow the path contemplated in that footnote, which is hopelessly factually and legally inaccurate. She seems to realize she's left behind a confusing mess and seems to almost relish in it. Leaving the company in the awkward position of having to basically ignore certain statements and footnotes while embracing other parts. How can you claim part of the "dicta" is binding, and other parts are not?

The only thing that I can say for sure after this is that there is more legal maneuvering to come.
Rather interesting legal scholarship there. Makes no sense what so ever. Don't quit your day job. I read her denial. USAPA presented a position during the trial. Judge Silver agreed but gave warning. That warning is coming home to roost. USAPA agreed with the company for removal and asked for even more language be removed (really in effect reversing her findings). She refused both the company and USAPA's additional request. She is saying you asked for it now deal with it. Her ruling is not confusing at all. Only a CBA has a legal right to represent a group. If APA becomes CBA USAPA has no standing or rights to interfere (just what Judge Silver's decision found only directed to the West). USAPA politically had to sign to get that money or the pilots would have revolted. Now they are trying to stay in the game after signing away the rights to represent. Good luck with that just ain't gonna happen. Judge Silver is standing firm. No changes allowed. I think it will be immaterial if the West gets appeal time extended. USAPA will go away and this will be moot, except to APA who will inherit possible damages for the 6 or 7 years USAPA delayed a contract.

ETA- I would be rather surprised if Judge Silver gives two whits about USAPA, East or West. It is just another case to her. Anyone who thinks she is stupid is an idiot. And yes, lawyers continue to make money off this. So, just who hired them anyway?
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