US Pilots Labor Discussion

[Barrister]

There you are every statement has to be backed up by fact. I made a comment and again I say the west is a loseing operation I DONT need any proof. I dont care of you like it or disagree. You are a retired old man who sits day after day in his trophy room looking at pictures of himself. Remember that old cub pal, oh yea thats the picture after I soloed at 28..Go back to your past as miserable as it was. You were a real super pilot in your time, hero of the crew room. I ve seen your type a hundred times over the years, got two or three f/o's in the corner of the crew room ear beating the hell out of them. I bet I even flew with your wife when she was a f/a and she told me how you couldnt handle the merger of US/PI and had to retire. Do me a favor dont respond to my words of wit and I wont touch your lines of sh##. Go dust you tomatos.

WOW...BB the boys are being a little rough on ya aren't they. Want to know why? You are the Charles Durning
character in North Dallas Forty. After a tough loss he is berating a lineman played by John Matusak.
The line is a classic......He says something to the effect that:

"You B_________ evertime I call it a game you call it a business....and evertime I call it a business you call it a game.
You do the same on these boards.

You can type until your fingers bleed and you can't justify placing a 17 year guy below a new hire. Lunatic fringe is not just words in a song.

NICDOA
NPJB

 

[traderjake]

You can type until your fingers bleed and you can't justify placing a 17 year guy below a new hire.

The last three seniority arbitrations, including Delta Northwest, prove you're wrong.

We'll see if the courts agree with you or them.

 

[aquagreen73s]

Do you have a link to the breakdown of profitability by airport Mikey?

Jim

Of course he doesn't, but he heard it from Kim Jong Cleary so it must be true. Just like he'd have a contract in 90 days after USAPA was elected, so that too must be true. That's one hell of a long 90 USAPA days! Let's see, two years and nine months to close . . . eight sections? That's about a third complete so if my math is correct, there's only another 66 months to go before there's a contract. Hmmm. Five and a half years plus the 2.75 so far = 8yrs3mos. In USAPA-land, 90 USAPA days = 8 years in the normal universe.

 

[Reed Richards]

You can type until your fingers bleed and you can't justify placing a 17 year guy below a new hire. Lunatic fringe is not just words in a song.

NICDOA
NPJB

Well said Sir. And well said to many of you posters over the last few days. And indeed straight seniority is the issue at hand.

BB has just a little to say about everything, and nothing to say about what is just and correct in the world. What an ass.

17 years unbroken service. New hire. Which comes first? Think about that. I have. BB could care less....Matlock marathon on TBS tonight.

RR

 

[Reed Richards]

Of course he doesn't, but he heard it from Kim Jong Cleary so it must be true. Just like he'd have a contract in 90 days after USAPA was elected, so that too must be true. That's one hell of a long 90 USAPA days! Let's see, two years and nine months to close . . . eight sections? That's about a third complete so if my math is correct, there's only another 66 months to go before there's a contract. Hmmm. Five and a half years plus the 2.75 so far = 8yrs3mos. In USAPA-land, 90 USAPA days = 8 years in the normal universe.

Cleary was not involved in the creation of USAPA. Thus he made no promises. He was embarrassingly late to the party. You (the West) could have easily prevented his election to power, had you been smart enough to vote and pay dues from the start. You paid alright, eventually…with no vote.

No 90 day promise to a contract was ever made by anyone. Show us the proof. That is a lie.

Had the Addington lawyers not wasted 2M on an obviously non ripe claim, we might all be working for better wages with litigation still to come. Instead..here we be. Litigation still to come. And wages still the same.

RR

 

[EyeInTheSky]

It's sad to see what some on here post. Clearly for one retiree it's become a favorite pastime to backstab former colleages from the keyboard as there is nothing better to do than to rehash grievances they've carried for years. Sad.

Later,
Eye

 

[traderjake]

What's sad is to see East pilots trying to steal West jobs and pretending it's honorable.

 

[traderjake]

Had the Addington lawyers not wasted 2M on an obviously non ripe claim, we might all be working for better wages with litigation still to come. Instead..here we be. Litigation still to come. And wages still the same.

Had East pilots honored the mutually agreed upon, legally binding seniority arbitration we might all be working for better wages.

A pilot at the bottom of the seniority list before the merger should be at the bottom after the merger, 17 years of longivity or one.

 

[prechilill]

Cleary was not involved in the creation of USAPA. Thus he made no promises. He was embarrassingly late to the party. You (the West) could have easily prevented his election to power, had you been smart enough to vote and pay dues from the start. You paid alright, eventually…with no vote.

No 90 day promise to a contract was ever made by anyone. Show us the proof. That is a lie.

Had the Addington lawyers not wasted 2M on an obviously non ripe claim, we might all be working for better wages with litigation still to come. Instead..here we be. Litigation still to come. And wages still the same.

RR

Translation: "If you west pilots had paid your dues you could have saved us from CLeary. But we are too stupid to take care of ourselves and love to pass that responsibility on to others, as well as any reality we have to live in too. Also, As east pilots we cannot afford to be logical on anything, we will blow ourselves up because we are pi$$ed!
Oh and one last thing, we hate the truth, we hate Boeing Boy"

 

[MUTATIS MUTANDIS]

Had East pilots honored the mutually agreed upon, legally binding seniority arbitration we might all be working for better wages.

A pilot at the bottom of the seniority list before the merger should be at the bottom after the merger, 17 years of longivity or one.

No , DE, alot of EAST pilots would probably be on the streets or lower tier wage levels sort of like your dad's position, remember seniority is not a date? but it is a NUMBER when on a SINGLE LIST! JAMIE<JJ, JG, MM! Go read the C&R's

 

[MUTATIS MUTANDIS]

Cleary was not involved in the creation of USAPA. Thus he made no promises. He was embarrassingly late to the party. You (the West) could have easily prevented his election to power, had you been smart enough to vote and pay dues from the start. You paid alright, eventually…with no vote.

No 90 day promise to a contract was ever made by anyone. Show us the proof. That is a lie.

Had the Addington lawyers not wasted 2M on an obviously non ripe claim, we might all be working for better wages with litigation still to come. Instead..here we be. Litigation still to come. And wages still the same.

RR

REED, the 2MILL+ was far from WASTED, MARTY needed it to settle is little legal problem with ENERGEX and was more than happy to get his payment from AOL, JAMIE, JG, MM! Heard that bill is hard from being paid!

 

[MUTATIS MUTANDIS]

Great Googlie Mooglie!!
The Mighty Marty “Harpie-r “ whacked by Judge “Rosylin” the ROD O’silver. Legal malpractice and professional negligence, Read on.

NO. CIV-04-1367 PHX ROS
ENERGEX ENTERPRISES, INC., a Colorado corporation; and BRAD GEUKE, an
individual, Plaintiffs,

vs.

SHUGHART, THOMSON & KILROY, P.C., a Missouri
professional corporation d/b/a SHUGHART THOMSON KILROY GOODWIN
RAUP; and, MARTY HARPER, EDWARD R. GLADY, JR., VICTORIA STEVENS,
and KELLY FLOOD, individuals, and BLACK & WHITE CORPORATIONS
I-X; and JOHN DOES I-X and JANE DOES I-X, Defendants. SHUGHART,
THOMSON & KILROY, P.C., a Missouri professional corporation d/b/a
SHUGHART THOMSON KILROY GOODWIN RAUP, Counterclaimant, vs. ENERGEX
ENTERPRISES, INC., a Colorado corporation, Counterdefendant.
NO. CIV-04-1367 PHX ROS

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
2006 U.S. Dist. LEXIS 58395

August 17, 2006, Decided

OPINION BY: Roslyn O. Silver

On July 2, 2004, Plaintiffs filed a Complaint against Defendants (Doc. # 1), followed by an Amended Complaint on October 7, 2004 (Doc. # 4). Plaintiffs allege two counts: professional negligence and breach of contract. Both counts are based on Defendants' representation for the settlement and drafting of the settlement agreement in the first civil action.

B. Causation
Defendants have moved for Partial Summary Judgment on Plaintiffs' legal malpractice claim. In order to
prove legal malpractice, Plaintiffs must establish "(1) the existence of an attorney-client relationship which imposes a duty on the attorney to exercise that degree of skill, care and knowledge commonly exercised by members of the profession, (2) breach of that duty, (3) that such negligence was a proximate cause of resulting injury, and (4) the fact and extent of the injury." Phillips v. Clancy, 152 Ariz. 415, 733 P.2d 300, 303 (Ariz. Ct. App. 1987). Plaintiffs claim that Defendants' negligent representation and negligent drafting of the settlement agreement caused them various damages including lost revenues, attorneys' fees, and emotional pain and suffering.

A. Legal Standard
Pursuant to Federal Rules of Civil Procedure 12(c), after pleadings are closed any party may move for judgment on the pleadings. "A district court will render a judgment on the pleadings when the moving party clearly establishes on the face of the pleadings that no material issue of fact remains to be resolved and that it is entitled to judgment as a matter of law."

B. Breach of Contract
Defendants have moved for Judgment on the Pleadings regarding Claim II, the Breach of Contract claim.
(Doc. # 85) Under Arizona law, breach of the duties owed by attorneys to their clients arises out of tort, not contract. Barmat v. John & Jane Doe Partners, 155 Ariz. 519, 747 P.2d 1218, 1222 (Ariz. 1987) ("The cause of action for malpractice would exist even if the client or patient had expressly declined the professional's services."). A legal malpractice claim can only arise out of contract if there is evidence of a specific promise that was breached apart from the duty imposed by law.

OPINION AND ORDER
Pending before the Court is Defendants' Motion forPartial Summary Judgment (Doc. # 64), Defendants' Motion for Judgment on the Pleadings (Doc. # 85), and a number of [*2] procedural and evidentiary motions. For the following reasons, Defendants' Motion for Partial Summary Judgment will be denied and the Motion for Judgment on the Pleadings will be granted.

IT IS FURTHER ORDERED trial is set for November 14, 2006 at 9 a.m.


DATED this 17th day of August, 2006.
Rosiyn O. Silver
United States District Judge



You can all bet your bippies that Marty didn’t go to trial.(Lexus Nexus has no trial record of this complaint.) They did a deal.
Ouch….that’s gotta hurt. Hey Marty…there goes an ambulance, fetch boy, fetch.

No problem judge my boys at AOL will be more than happy to just GIVE ME that CASH, it's okay they don't need it!

 

[N924PS]

Comes from your own? You might try digging out the ole crew news with Scoot, the F/A one where he talks about domestic capacity and PHX yield, to bad it isn't still up and how we will NEVER go back into LAS! Sorry, look at your heritage circle we can say the same about each other! JAMIE, JG, MM!

MM. How many hubs and focus cities has USAir vacated in your career under previous management teams?

Have we gone back to PIT, BWI, LAX or SFO? Could PHL be next. Get ready.

 

[luvthe9]

It works both ways.

You are your ilk are are hosing the kids and lives of thousands of your fellow pilots because you won't honor a mutually agreed to binding arbitration.

The frustration level of the ususal USAPA shills has been ratcheting up to a peak these last few pages. Could it be the end game is near, and the West pilots are closing in on the ultimate win?

The only thing closing in on West pilots is another payment to Marty for that Unripe bunch of fruit they picked and spoiled.

 

[exB717Flyer]

. Could it be the end game is near, and the West pilots are closing in on the ultimate win?

Careful with your words. The West isn't seeking a "win", just justice.