CallawayGolf
Veteran
- Nov 13, 2009
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My guess is that either way DFR-II will not make it to the Ninth after Silver rules. If she rules against USAPA then one of two events will likely take the steam out of any appeal. The first is that the Company's DJ appeal will be ruled on prior to any new appeal that results from this DFR round of lawsuits. Secondly, if the AMR merger continues then the APA will inherit everything from USAPA upon single carrier status which would likely be before any such appeal could be heard. If USAPA "wins" with this go around, then I suspect it will be because Silver realized that without the merger the MOU has no legal merit and thus all the parties are back to waiting for a ratified contract or for Tashima, Graber, and Bybee to sort out the DJ. Who knows what AOL would do, but if Silver ultimately rejects AOL's claims on ripeness being achieved by the MOU, then the chances that Tashima, Graber, and Bybee would even accept the appeal seem quite low to me.Exactly what Silver said, and nether of you 100lb brains knows how that premise torpedoes Article III jurisdiction... But that obviously won't matter until the 9th has to clean up loose cannons on deck again.
The two big events that would serve as a catalyst to a final and complete resolution - meaning a fully integrated pilot group - would be the consummation of the merger with AMR or the a ruling one way or the other on the Company's need to have the DFR/no DFR settled when it comes to negotiating a LCC stand-alone JCBA.