Toothy Grin
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- Mar 31, 2008
- 231
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Attended the PHL council meeting the other day. USAPA is operating in the black with 60% of the eligible members paying dues. They are budgeted for the normal expenses of operating the union and the litigation going on right now, and still show operations in the black.
Is THAT starting to set in yet?
As far as how things went in court, we understand that Judge Wake had a very significant and noticeable change in demeanor for the better towards the east team compared to the impressions of the October hearing.
Not sure what that means, if anything, but if the westies think his attitude in October gave an indication of how this would proceed, then that wind has been sucked from your sails in December.
Busdriver,
This is not wholly directed to you, but I read the last page of comments and then flipped through some posts from others that had me wondering if we were all at the same hearing. Maybe they were not, but I was....
USAPA is operating in the black, big deal. USAPA may very well be operating in the black but this case will be ruled upon by legal facts, not bottom lines. From my limited legal background it sounded as though not too many requests for answers have been posed by West counsel. Thus, a small legal tab for the East. This may be about to change.
If you had attended the December hearing you would know that USAPA's legal counsel were crying to the Judge for extensions in providing briefings and answers. Seham asked several times for a longer time to prepare. Several times he refered to the West counsel as being a "big law firm" and we are just a few lawyers. The judge was apparently not in the mood to be manipulated and if the change in "attitude" for the better you mention was Jugde Wake stating "no, you have sufficient time" [paraphrased] and "we're all working hard, not just you" then I don't know what you mean. If anything it appears his demeanor went from bad to worse.
There was a point when the USAPA counsel had to ask for all of the future court dates because they didn't know what was scheduled even after the dates were repeated a couple of times. I found USAPA's counsel to be unprepared and unfocused. I remember at one point Jude Wake asked Seham (sp/?) a question, but he had no answer. To be fair, this also happened to West counsel, but the question at the time seemed more exploratory, rather than why don't you know....
Jude Wake is eager to settle this matter and wants to rule from the bench. However, he said he has no legal power to force West pilots to forgo a trial by jury, that is their legal right. then there is the matter of a possible class action lawsuit and determining which class.
The reason the final hearing is thought to be settled by April, May (if not heard by a jury) is that West counsel is doing a careful job to seal their case. Judge Wake seems to understand this and is pushing them to wrap it up as quickly as possible. The later hearing date is the result of West counsel requesting more information and is not at the direction of USAPA.
I really have to say it was interesting and amusing to watch Seham try to squirm out of being called as a witness. Acutally, I was a bit embarassed for the East pilots. Sorry to say it, but West pilots counsel was prepared and professional, US Airways Corporate counsel was prepared and professional (and didn't even need to be there) and USAPA's counsel came off as a bunch of frat boys who had just came in from drinking all night.
I'm sorry. I know that sounds really disrespectful, but I'm just sharing my thoughts on what I observed while sitting on the defendent's side of the courtroom. It just seemed that the Judge, West counsel and US Corp counsel were ready to dig in and there was a bit of bumbling from USAPA counsel. The hearing ending due to the court reporter calling it quits, she was tired, but she had been working and stayed about an hour overtime. Nice.
A quick comment about the judge. He is a really intelligent man. He comes across as concerned about this matter and the legalities, therein. I know some of you are saying he favors this one or that one, but one thing I remember him referring to again and again is something to the effect of "what is the law" or "the ruling will be determined by the laws". I really do not get the feeling he is playing favorites. I did see that he is interested in the legality of the suit and all supporting material, even if it might take a while.
In the end, the side that presents the clearest legal support wether it be the bumblers or the professionals will win.
sorry bout all the typos and errors, but it is late and just dropped in for a minute.