As I recall, United did not get sued leading up to their C2K as I do remember Leo saying he could not believe that United management was not suing. They were later sued in ‘08 I believe.

All the arguments you make have been made in the past, and I don’t like it any more than you, but history tells us the courts don’t buy into them. There have been some lower courts (just like in our case) that have more or less sided with labor, but eventually it seems like it always goes against us and the others like Hawaiian, American, United etc.

My point is that you may be 100% right in your argument, but the courts feel differently and anyone that goes down that path using those justifications for their defense need to do it with their eyes wide open.