A West DFR case is kinda comical. The only thing they have left is an appeal at the 9th of their DFR loss at Silver's court. The appeal is costly, time consuming, and futile. Moreover, it will be dismissed in the highly likely event that they receive a west merger committee in the SLI arbitration.

As to them being liable for anything... I doubt it. The only ones they are hurting at this point are themselves.

 

Thanks for your "expert" legal advice. Go back and sit down at the children's table.

 

If I may. None at all. It would only happen if it could be proven frivolous. That won't happen as Judges have already found DFR, BUT not ripe. The DFR is "in process", ie nothing is settled legally. If it had been found frivolous the East could sue for cost and damages. As it is, each side are responsible for their own legal fees and cost.

It sure is quiet around here. I go away a couple of months and everyone stops posting. What the hell is wrong with the USAPA? I did not think APA would allow USAPA on the property. Why did they agree to allow USAPA to continue? Clear as can be they are using you against yourselves. APA wants the best for their pilot group. What better way than to distract USAPA with East/West friction? Using your disagreeable behavior to their advantage you guys are doing them a huge favor. If the leadership of USAPA had any sense they would have disbursed that money to the West and played nice because the big show is not East/West. The big show is SLI against APA. You are going to lose. You are fragmented and still in conflict after all these years and it will hurt you in arbitration. APA will submit your group would still be on LOA93 and a bleak future as regional paid pilots "see they were still fighting after MOU" if not merging. I predicted a similar outcome to UAL/CAL. I think now it is going to be worse than that. APA is going to win big. You will be on the bottom looking up.

 

"...in the opinion of APA’s General Counsel, the “Nicolai award” is NOT legally binding."

 

"APA" won't be submitting anything to arbitrators regarding USAPA, East or West as they are not involved. The merger committee for legacy AA pilots will be representing the interests of legacy AA pilots and they are autonomous from the APA BOD. Both (and possibly 3) sides will each have equal opportunity to present what they believe to be fair integration models to the arbitrators and it is the arbitrators that will craft what they believe to be the most fair and equitable model from each groups position and argument.

The "fix" isn't in and there is no moustache twisting going on......at least in that respect.

 

It's NicolaU.

 

So if the AOL DFR case is not successful how will outstanding attorneys fees be paid?

Was the creation of a West class also a payment mechanism for attorneys representing AOL? ie. Can a judge issue an order that a class of people pay outstanding balances if any? Can attorneys turn around and garnish wages on this basis?

I would think not. Correct?

 

Of course it is. It was a cut and paste quote, and the content is much more relevant than the spelling.

 

In that case, how would the misspelling of the arbitrators name validate the content ?

It would seem to bring more question to the content (his assessment and position), then validation. I mean, if he can't even master the basics of the arbitrators name, how valid could his assessment be of the validity of the award itself ?

Just a thought.

 

Sure. Ask the APA general council, or counsel (i.e. the APA lawyers) to deny that they expressed that legal opinion before the BOD. ( regardless of how one spells "council" you know who it is.)

Or just implicitly assume that they didn't based on a BOD member's inability to transcribe what he heard into a perfectly spelled account.