Phoenix said:
"When I was a young boy my mother told me that if I ever got caught in a lie, I would have to keep telling lies, until I told the truth." ~~Yoggi Bear
Are you saying David Braid, Cactus 18 defendant was not telling the truth?
Dismissed with Prejudice
U-stupid is trying to spin a win. Everyone else knows the 4th said it was a loss. That's right up there with their interpretation of binding arbitration.
I hope AA pilots are paying attention to this thread.
We are dealing with pinheads.
Case: 08-1858 Document: 77 Date Filed: 07/30/2010 Page: 12
|2 US AIRLINE PILOTS ASSOCIATION v. AWAPPA
It is no surprise, then, that the conduct USAPA alleges
closely resembles conduct we have found not to demonstrate
continuity after H.J. Inc. See, e.g., GElnv. Partners, 247 F.3d
at 549 (finding no continuity where the defendants' "single
goal" was to fraudulently inflate the value of and then sell
their controlling interest in a company); Menasco, 886 F.2d at
684 (finding no continuity where "[defendants' actions were
narrowly directed towards a single . . . goal," "involved but
one set of victims," and took place over a relatively short
period of time).
Because the appropriate "commonsensical, fact-specific"
examination of the allegations in USAPA's complaint fails to
yield a pattern of racketeering activity, USAPA has failed to
state a cognizable RICO claim. See Menasco, 886 F.2d at 684.
Accordingly, the district court did not err in granting the
defendants' motion to dismiss the complaint.
IV.
We can quickly dispose of USAPA's remaining
contentionsthat the district court erred in denying it leave
to amend its complaint and in refusing to grant it injunctive
relief.
"We review the district court's denial of leave to amend the
complaint for an abuse of discretion." GE Inv. Partners, 247
F.3d at 548. The district court does not abuse its discretion in
denying leave when "amendment would be futile." Id. Having
reviewed the proposed amendments, we conclude that they
would have no impact on the outcome of the motion to dismiss.
Thus, the district court d$ not abuse its discretion.
We also review the grant or denial of injunctive relief for
an abuse of discretion. See Muffley ex rel. NLRB v. Spartan
Mining Co., 570 F.3d 534, 543 (4th Cir. 2009). Because
USAPA's complaint failed to state a claim upon which relief
could be granted, the district court did not err in denying USAPA's
request for a temporary restraining order and preliminary injunction.