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Old 11-14-2013 | 07:57 PM
  #8291  
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Originally Posted by 80ktsClamp
Well the DPA says they are filing a lawsuit for the hacking. Let's see who they file it against...
Originally Posted by johnso29
And they CONTINUE to spew lies. No one has to beat the TWA damages trial, because ALPA can not involuntarily assess it's membership to cover awarded damages. But as usual, DPA ignores facts.

If Seham is going to represent DPA then they better be ready to open their checkbooks. Just ask SWAPA.
What are you talking about johnso29? Reread Clamp's post and explain where he was discussing the TWA lawsuit?

Don't know how you can fly airplanes with those constant knee-jerks of yours.

Carl
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Old 11-15-2013 | 03:38 AM
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Originally Posted by johnso29
And they CONTINUE to spew lies. No one has to beat the TWA damages trial, because ALPA can not involuntarily assess it's membership to cover awarded damages. But as usual, DPA ignores facts.

If Seham is going to represent DPA then they better be ready to open their checkbooks. Just ask SWAPA.
Are you sure about that? ALPA has never done it before on a national level - that is not the same as "can not". I know we had assessments before at fNWA, and payment was mandatory or you lost member in good standing and all that entailed. It was not voluntary.
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Old 11-15-2013 | 05:08 AM
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Originally Posted by TANSTAAFL
Are you sure about that? ALPA has never done it before on a national level - that is not the same as "can not". I know we had assessments before at fNWA, and payment was mandatory or you lost member in good standing and all that entailed. It was not voluntary.
Don't ever remember being assessed for the results of a law suit, but rather strike assessments or merger assessments.
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Old 11-15-2013 | 05:36 AM
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Originally Posted by iceman49
Don't ever remember being assessed for the results of a law suit, but rather strike assessments or merger assessments.
Thank you for the correction. Once they assess it is not voluntary.

The point is ALPA has never assessed as the result of a lawsuit - yet.

I believe johnson29 is factually incorrect. Nothing ALPA has put out - carefully screened by counsel I'm sure - says they can't, only they never have (so far) and goes on to slam the veracity of the suit.

There is nothing in the CBL as far as I know that prevents them from doing so should the need arise. If the choice is go insolvent or BK as an organization or assess I have no doubt as to what they will do.

That said I agree with the ALPA perspective that this is a normal trial phase, and that even in the remote chance that damages are awarded, it will be to a relatively small group of individuals, not the entire TWA pilot group.

There are frequent big buck lawsuits usually settled for pennies on the dollar over the original claim - frequently as "go away" money vs. a finding of wrong doing.
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Old 11-15-2013 | 05:47 AM
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Originally Posted by TANSTAAFL
Thank you for the correction. Once they assess it is not voluntary.

The point is ALPA has never assessed as the result of a lawsuit - yet.

There is nothing in the CBL as far as I know that prevents them from doing so should the need arise. If the choice is go insolvent or BK as an organization or assess I have no doubt as to what they will do.

That said I agree with the ALPA perspective that this is a normal trial phase, and that even in the remote chance that damages are found, it will be to a relatively small group of individuals, not the entire TWA pilot group.

There are frequent big buck lawsuits usually settled for pennies on the dollar over the original claim - frequently as "go away" money vs. a finding of wrong doing.
You're talking about what normally happens before there is a finding of wrong doing. That's not an option here because a jury has found wrong doing when they ruled against ALPA.

I'm fairly sure there will be a judgment large enough to force ALPA into bankruptcy...which will then discharge the jury's award. But the time for "go away" money has long since passed.

Carl
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Old 11-15-2013 | 05:58 AM
  #8296  
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Originally Posted by Carl Spackler
You're talking about what normally happens before there is a finding of wrong doing. That's not an option here because a jury has found wrong doing when they ruled against ALPA.

I'm fairly sure there will be a judgment large enough to force ALPA into bankruptcy...which will then discharge the jury's award. But the time for "go away" money has long since passed.

Carl
OK, I'm not an attorney nor did I sleep at Holiday Inn last night, but I thought you could still settle at any time with both parties concurrence. This is a separate trial now that has not yet occurred so that window is still open even if I am wrong.

That's also a pretty big leap that there will be a large award. Juries are notoriously unpredictable, especially in cases where it is not black and white.
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Old 11-15-2013 | 06:04 AM
  #8297  
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Originally Posted by Carl Spackler
You're talking about what normally happens before there is a finding of wrong doing. That's not an option here because a jury has found wrong doing when they ruled against ALPA.

I'm fairly sure there will be a judgment large enough to force ALPA into bankruptcy...which will then discharge the jury's award. But the time for "go away" money has long since passed.

Carl
Such joy in your post over the possible bankruptcy of an organization that allowed you a career and earnings that most of the rest of us can only dream about.
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Old 11-15-2013 | 06:12 AM
  #8298  
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Originally Posted by TANSTAAFL
OK, I'm not an attorney nor did I sleep at Holiday Inn last night, but I thought you could still settle at any time with both parties concurrence. This is a separate trial now that has not yet occurred so that window is still open even if I am wrong.
You absolutely can settle at any time. Didn't mean to imply otherwise. I was responding to your statement of "go away" money. The jury has already spoken on the claim of wrong doing, so a small settlement is not an option now. A small award from the jury is always possible, but a small settlement is not IMO.

Originally Posted by TANSTAAFL
That's also a pretty big leap that there will be a large award. Juries are notoriously unpredictable, especially in cases where it is not black and white.
Juries are indeed unpredictable. But since the jury has already ruled on the question of wrong doing, it IS black and white. The amount of damages is the only remaining question.

Carl
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Old 11-15-2013 | 06:12 AM
  #8299  
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Originally Posted by Carl Spackler
What are you talking about johnso29? Reread Clamp's post and explain where he was discussing the TWA lawsuit?

Don't know how you can fly airplanes with those constant knee-jerks of yours.

Carl
It's not from Clamps post, it's from the DPA letter today that he referenced, but you knew that was what johnso29 was talking about. It was another chance to try and take a shot at an ALPA supporter.

You talk about DALPAs "secret police", smear tactics, and thuggery, none of it helps yours or the DPAs standing. It's seems as if their is no longer a debate on the issues of DPA vs ALPA only name calling and innuendo. And yes it is on both sides.

To me the most interesting part of the email was the mention of a vote or calling for on in January.
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Old 11-15-2013 | 06:21 AM
  #8300  
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Originally Posted by Hawaii50
Such joy in your post over the possible bankruptcy of an organization that allowed you a career and earnings that most of the rest of us can only dream about.
You can't point to a single word of my post that indicates joy. Just another feeble attempt by an ALPA apologist to raise emotion to deflect from fact and marginalize the person who posts the fact.

I have no joy in ALPA's likely bankruptcy. I have no joy in what ALPA did to arrive here. I have no joy in ALPA purposely hurting the TWA pilots they represented in the hopes of gaining AMR pilots as new members. The entire episode is sordid and sad.

Carl
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