"US Airways flight attendants spoke up - and face trial"

[HPearlyretiree]

Question RE: hp_fa and HPEarlyretiree,

What would be the grounds for appeal and the grounds for a counter suit?

They could try defamation, but they would have to prove loss of $$ and reputation, not easy.

But, anyone can sue anyone.

I think the FA's are just happy its done!

 

[hp_fa]

What would be the grounds for appeal and the grounds for a counter suit?

First off would be the applicability of the granting of summary judgment. Summary judgment is only appropriate when there are no viable claims for relief and there are no questions of material fact. They can argue that there were questions of fact that were not suitable for resolution at summary judgment, but rather required a trial. They can claim that there are existing questions of fact that the judge improperly resolved.

Second would be that the judge misapplied the law in granting the summary judgment. I did notice that the judge stated that the claim(s) were time-barred because of the passing of the statute of limitations. One of the traditional arguments in favor of allowing a lapse of the statute of limitations is that the plaintiff did not know, nor could have reasonably known of the facts supporting the underlying claim. As stated in the Minute Entry, the judge found that the Plaintiff knew or should have known of the claim soon after the incident and that the one-year clock for tolling the claim would have started then and that instead approximately three years passed from the time of the incident to the filing of the Complaint.

Lastly, Arizona rules of procedure and case law do allow for amending complaints. However, while lenient it is not intended to continue an action after it reasonably should have been properly pled.

The plaintiff, if he files an appeal, must obtain a bond for the appeal. That will cost money. Additionally, depending on his contract with his attorney, appellate fees would accrue. His contract with his attorney could conceivably be a contract that pays the attorney his fee from any judgment or settlement received, plus whatever costs accrued during the case. Costs would be things like copies, postage, deposition fees and other monies that may have been advanced by the attorney for items required in order to pursue the case. Think of it as anything other than professional fees.

My opinion, for what it is worth, is that the case should not be appealed. Even if the plaintiff (petitioner in appellate proceedings) prevails at appeal, he would still need to go to trial and have a jury find that the actions of the defendants was actionable and recoverable. I just don't see that happening.

Does that help a bit?

p.s. - I forgot to respond to the counter suit question. I believe that any counterclaim should have been brought within the action, therefore my best guess is that I don't think it likely a counterclaim will be filed.

 

[nic4us]

I would think he is open to a countersuit.

In any case, no one will ever want to work with him again.

I have worked with him before and would do so again.

The only reason I would fear working with him is to be caught in the crossfire between he and the F/A's who may seek retribution.

If this is the case, his case actually has merit.

 

[sharktooth]

The only reason I would fear working with him is to be caught in the crossfire between he and the F/A's who may seek retribution.

If this is the case, his case actually has merit.

What if he is really incompetent in the area of crew management, as he seems to be. Why would you "immediately" bias yourself against the flight attendants? Perhaps they have good reason to fear someone in the cockpit who apparently has lied and quite likely is unwilling to confront his own less than perfect humanity by listening to all around him, as he should. Perhaps you are unwilling to weed out the egregious non-professionals amongst us, but, that seems your risk-taking style, I guess.

I don't know his name or care to. But, anyone who "throws a fit" in such a manner as to possibly endanger his charges, the crew and passengers of his flight, should have no place in any cockpit. If you want to make your commute, make it by acting within professional guidelines, or resign yourself to a latter flight or buy a hotel room.

Why someone has to spell that out to a fellow professional is beyond me.

 

[nic4us]

What if he is really incompetent in the area of crew management, as he seems to be. Why would you "immediately" bias yourself against the flight attendants? Perhaps they have good reason to fear someone in the cockpit who apparently has lied and quite likely is unwilling to confront his own less than perfect humanity by listening to all around him, as he should. Perhaps you are unwilling to weed out the egregious non-professionals amongst us, but, that seems your risk-taking style, I guess.

I don't know his name or care to. But, anyone who "throws a fit" in such a manner as to possibly endanger his charges, the crew and passengers of his flight, should have no place in any cockpit. If you want to make your commute, make it by acting within professional guidelines, or resign yourself to a latter flight or buy a hotel room.

Why someone has to spell that out to a fellow professional is beyond me.

Why would I "immediately bias" myself?

Because I have worked with all four of these individuals.

If you do not care to know the F/Os name, do not read any of this thread, or its attatchments, his name comes up several times. Now that the story and the names are public, it is not a long stretch or "biased" to think there might be some ill will circulating in the future. My "risk-taking style" would prefer to avoid being around to witness any such payback.

 

[hp_fa]

My "risk-taking style" would prefer to avoid being around to witness any such payback.

I can totally understand where you are coming from. To me the question you, as a pilot, ask is why voluntarily put myself in a potentially uncomfortable and distracting situation where objectivity and decision-making are paramount and outside influences should be minimized or removed.

The last I knew FA's cannot utilize a no-fly list. Their sole available option, of which I am aware, is to refuse to fly once they become aware of any offending individual assigned to the flight.

 

[sharktooth]

My "risk-taking style" would prefer to avoid being around to witness any such payback.

Well, I guess "avoidance" can be considered a good strategy (for the company) if you are uncertain enough with your own professionalism to not demand professional behavior on the part of your crew.

 

[FlyusB767]

Agree with you as former German LODO based in CLW/CLT PHW/PHL.

I am now with LH based in MUC which is a total positive challenge. We are urged to use CRM!!! no one is perfect and stupid things might happen all the time. What is wrong about the fact that three FA'S are noticing something on the airplane?

My personal opinion is that these pilots especially the cpt is not knowing the meaning of CRM.... I assume there are still training classes for.

As an LH purser flying around the entire world that is one of my responsibilities to be aware and strange LOOKING THINGS; SMELLS AND WHAT EVER MIGHT OCCURE BEFORE OR DURING FLIGHT. and thats what we discuss in our 20 min. scheduled briefing.

Always happy landings from MUC Germany

Hats off to the f/a's for doing their job. This is what CRM is all about.
One should always err on the side of caution.
Maybe the AFA can help these f/a's.