Originally Posted by
eaglefly
Well, it should be noted that the company has no say in how the lists are merged. They can argue economic impact that excessive delay could cause (and I'm sure they already have) so I'm sure that has impact with the arbitrators in moving the process forward, however what impact that position would have should USAPA find a way to successfully hold the process hostage through the courts is unknown, at least as of now. I would think any success by USAPA in court litigation to stall the process would be on the merits alone as opposed to any economics suffered by the company. If that were the case, Parker could have successfully forced a resolution on the two parties back before the merger.
Just like the use of the Nicolau is on merits and not company convenience, cuts both ways. The company attorney spelled out clearly that this is usapa's attempt to just delay things, your aasic backs them because their whole case has been torpedoed and they are hitching their wagon to usapa's delay game. All this will be very plain for Silver to see as she crafts injunction. So if the east doesn't get any traction on the en banc Silvers order can lead for the Nic. to be the in effect list at lus before this arbitration is over.