The DFR I II III ad finitum threats are really funny. So far, Marty Harper has taken millions from you guys with the urging of Koontz and the other legal eagles on your list. Think about it. Wake and his Circus. POOF! Addington to 9th. Massive clock cleaning. Ninth comes out and destroys the Nic Theory. West continues to misinterpret it to this day. Leonidas pays for the 9th to blow them out of the water. Then the entire smelly pile of manure lurches off to the Supreme Court. Poof! Again. Then you have the toothless threat of dfr2! Unbelievable. dfr 2 will meet the same fate of EVERY Leonidas filing. POOF!
The West misinterprets the 9th? Kind of hard to misinterpret "not ripe dismissed". The West has a pretty good read on that.
Perhaps you mean the company has misinterpreted the 9ths ruling, they surley do not see what usapa does in the opinion. Corporate legal telegraphed their take on it in their letter to the pilots explaining that the 9th indeed left wide open the possibility of future lawsuits for a union bent on trying to renege on binding arbitration. Even hinting that usapa would lose such a lawsuit, and they were not going to risk being a party the reneging usapa club.
Regardless of who is misinterpreting the 9ths ruling, the facts remain. usapa is incapable of getting a ratified contract, so no DFRII.
Someone forgot to tell the little lawyer his plan was defective from the begining for numerous reasons. One, a cost neutral contract in exchange for labor peace from 2/3rds of the group does nothing except guarantee labor unrest from the other 1/3rd. (a situation the company cannot have) Two, it is a slam dunk DFR. Everyone sees that except usapa, ( by everyone I mean the West, the company, the district court and jury, the circuit court). Three, the company is more than happy to deny the "cost nuetral" contract, and keep their costs neutral with the status quo contracts. That way they don't get sued by the West pilots and lose large sums. What does usapa have as leverage? The possibility that sometime in the distant future the NMB might release them because they have caused the impasse to their own negotiations? Yeah right!! Plus that went away when the 9th ruled and usapa thought it could now go from "cost neutral" to "industry standard". The company is quite content telling usapa to pound sand and hold us all in status quo.
One last thing. There is a very good chance Judge Silver will drop some of her case load. You will be eating the "Wake and his circus" or biased desert judge comments, if the company's DJ finds its way back into his courtroom. Although, whichever judge hears the case, Wake has already put on the record the scumbag tactics of the little lawyer and his usapian faithful.