or it gets overturned... or it gets tossed for not being ripe ala do over when it is ripe. just keep looking at it through a straw and you'll be fine
The ripeness issue is interesting but in the end I believe it is a loser. The most important document that the CoA will review is Judge Wake's Findings of Fact and Conclusions of Law and Order. That, in essence, is the most important document because all of the other briefs tend to get back to it in one way or another. It also does not, in my opinion, help that USAPA argued both sides of the ripeness issue in its preliminary proceedings before Judge Wake, specifically that the case is both not ripe and overripe. But, that is merely my opinion.
IMO the best shot that USAPA has is in the evidenciary rulings and jury instructions area. Although I still don't believe that they will win on these issues, at least to the point that it gets remanded because of judicial error, the CoA may have some input on what the trial court did and how it did it.
Let's look at the practical side of this mess for a second.
First, there is no way in hell that the CoA will reverse and remand with instructions to dismiss the case. That won't be happening.
Second is the issue of the CoA potentially ordering the removal of the permanent injunction. That is, at best, a long shot. USAPA has made it clear that if there was no injunction they would be immediately negotiating using the seniority list that it favors, DOH with covenants and restrictions. One of the primary reasons that I don't see this as happening is that there is, at law, a preference for resolving disputes outside of the court system. In this case that is arbitration and that arbitration took place within the constitution and bylaws of ALPA, which did at that time represent the two pilot groups. So, if the CoA were to simply lift the injunction it would be a huge retreat from the judical preference and public policy that private arbitrations are to not be subsequently reviewed and revised by a trial court absent extraordinary circumstances that simply are not present in this case.
Since we are, for the purpose of this discussion, thinking outside the box lets think about what would happen if the case were reversed and remanded for some procedural error with instructions to the trial court to remedy the error(s). The case would now be back before Judge Wake, who has since the time of appeal had a change of venue filed with him by USAPA, and they would now be arguing a portion of the case in front of a judge for whom, at best, they have showed disdain. Not a good combination. In the meantime any chance of meaningful contract negotiations again go back to going nowhere. There is no chance that the company would be negotiating any meaningful sections of the contract while the validity of the seniority issues are in the courts. So we have more delay.
As I have said before, the company and the attorneys are the only ones winning in this battle.
Enough for right now. I have to go take care of my post-surgical wife.
