Wednesday's Court Hearing
October 29 2008
Dear former AWA Pilots,
Most of you are aware that hearing was held today regarding the matters of jurisdiction for our DFR against USAPA, as well as our request for preliminary injunction, which both took place before the Honorable Judge Neil Wake in the Arizona district of the federal court.
A decision was not rendered today, as the court recessed after almost six and half hours of testimony and debate. Judge Wake clearly understood the parties' respective arguments and he also demonstrated a thorough knowledge of the case law. Our attorney, Marty Harper, had the opportunity to cross examine USAPA's witness, Randall Mowery. The cross examination elicited from the witness the glaring differences between USAPA's version of what the West's career expectations were at the time of the merger and that of Arbitrator Nicolau. Specifically, Mr. Harper drew from the witness that USAPA's version was arrived at without any West participation and only utilized Date of Hire as the criteria for “fairness.†Our case is still very much alive, and we expect the to hear from the judge sometime next week regarding most of the matters that were before him today.
The day has been long and tiring to all involved, so please excuse the brevity of tonight's update, but be sure to look for a more thorough update in the next few days.
Sincerely,
Leonidas LLC