Lets play a mind game.
Should the 9th rule that Addington is not ripe, the clock is reset. The west is then looking at pursuing a new round of expensive litigation somewhere in the future - supposedly when the case IS ripe. This would supposedly transpire when the damage is actually done to the west and would take place after a new joint contract had been ratified. Essentially, the west would have to vote for a new contract and then take it's CBA to court for the content of that contract. I guess it could happen.
OTOH, the east knows that if the 9th does not address the issue of fairness in the Nicolau award, and limits it's ruling only to the issue of ripeness, then we have only won a delaying action. We will all be right back to where we are today - barring any dramatic developments on the M&A front. For many in the east - delay is good. Significant attrition may very well resume before a new joint contract sees the light of day. It could happen.
OTOH, there may be another possibility. Lets call it Wye River II. Due to fatigue, financial and emotional cost, both sides realize that compromise may be better than this Mexican standoff. We sit down yet again, change the seniority language in our C&BL's, and accomplish what Nicolau failed to accomplish - craft a seniority list acceptable to both sides.
It could happen.