The US Air lawsuit was not dismissed based on merit, but based on not being ripe (the pilots had not yet been harmed), the lower court had already determined that the suit warranted a "day in court". As soon as the company accepts the revised seniority list, the pilots will have been "wronged" and a lawsuit will again proceed. The same will be true here. If a United pilot with 11 years with the company and 7 years of active service goes junior to a 5 year Continental pilot I assure you there will be lawsuits, and the only claim has to be that the merger committee/MEC did not present a "vigorous defensive" of their due seniority in the integration. The MEC at United is on record as stating that they have a legal obligation to represent all United pilots, including those furloughed, and thus far it certainly appears that they are. Not negotiating a contract before the merger close date is going to prove very costly for the company.