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2015 Pilot Discussion.

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Black Swan said:
The attorneys for each side were pretty sad in their explanations. Siegal actually had to step in and explain the MOU. The judges obviously are going to need their clerks figure out how to decide and write their decisions. They were that clued out.
 
Siegal is pretty sharp and neutral as expected.
 
Direct link to the video:
 
http://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000007439
 
Black Swan said:
The attorneys for each side were pretty sad in their explanations. Siegal actually had to step in and explain the MOU. The judges obviously are going to need their clerks figure out how to decide and write their decisions. They were that clued out.
Gary Hummel, in his last of a multitude of stupid moves, failed to have Bill Wilder there. It would have been a lot different had he.
No doubt Wilder would have outshined everyone in the room. It was quite boring.

The West really had no case in front of the 9th. Marty had nothing new to add or any rationale about why Judge Silver got it wrong. Just more "USAPA is bad" (all "info" already regergitated twice in front of Silver).

Pat wisely used the phrase "wide range of reasonableness" (the very standard that the three judges used themselves, by reference to precedence, way back in Addington 1).

But who knows what will happen. The judges themselves will make a decision that falls within their descerion... A somewhat wide range of reasonableness. 😀
 
snapthis said:
Siegal is pretty sharp and neutral as expected.
 
Direct link to the video:
 
http://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000007439
Judge B. "Then what do you want us to do. If we find USAPA violated its DFR then is it all rhetorical?" Marty, "That's correct. It's rhetorical."

Judge T. "Let me asks the same question Judge B. asked, in a different way. If we find USAPA breached its DFR, what injunctive relief do you want us to give you? Who do you want us to make do what? Marty responds, "There is no injunctive relief we can get." Judge T. "That is my point."

Judge G. "In order for us to have any issue to consider, there has to be some actual remedy available. And that is what the three of us are struggling with."
 
Black Swan said:
The attorneys for each side were pretty sad in their explanations. Siegal actually had to step in and explain the MOU. The judges obviously are going to need their clerks figure out how to decide and write their decisions. They were that clued out.
Gary Hummel, in his last of a multitude of stupid moves, failed to have Bill Wilder there. It would have been a lot different had he.
Agreed, in fact what was funny is the peanut gallery expects the 3 judges to make a decision based on 25mins of 3 attorneys, will not happen, Bybee (Mr Waterboard) feverishly writing and Tashima, just sitting back, did you catch his comment, about the arbitration panel knowing about the Nic? , This panel was well versed by any argument before it hit the day, they would have to reverse Silver, and redefine a LUP, after many facts to the contrary, points to be resubmitted after today, my guess TWA, on deck! MM
 
Phoenix said:
Judge B. "Then what do you want us to do. If we find USAPA violated its DFR then is is all rhetorical." Marty, "That's correct. It's rhetorical."
Judge T. "Let me asks the same question Judge B. asked, in a different way. If we find USAFA breached its DFR, what injunctive relief do you want us to give you? Who do you want us to make do what? Marty responds, "There is no injunctive relief we can get." Judge T. "That is my point."
. Nailed it
 
Phoenix said:
Judge B. "Then what do you want us to do. If we find USAPA violated its DFR then is is all rhetorical." Marty, "That's correct. It's rhetorical."
Judge T. "Let me asks the same question Judge B. asked, in a different way. If we find USAFA breached its DFR, what injunctive relief do you want us to give you? Who do you want us to make do what? Marty responds, "There is no injunctive relief we can get." Judge T. "That is my point."
I don't think the court will find the US Air Force Academy breached it's DFR :lol:
 
EastCheats said:
I don't think the court will find the US Air Force Academy breached it's DFR :lol:
The point is remedy. If USAFA, USAPA, or the Easter Bunny violated a DFR to you, there is no relief or remedy that the court can currently provide... So the DFR question is moot.

Moot, just like your non-responsive diversion based on spelling. 😀
 
EastCheats said:
I don't think the court will find the US Air Force Academy breached it's DFR :lol:
Yeah no kidding.... another brilliant quote....
On page 287.. who is the west guy in the picture thst clax posted. The guy on the left.
Jumpseated with him the other day.. was rather angry and Not friendly.
 
crazystnic said:
Yeah no kidding.... another brilliant quote....
On page 287.. who is the west guy in the picture thst clax posted. The guy on the left.
Jumpseated with him the other day.. was rather angry and Not friendly.
I recognize Mitch. The guy with shades? Got me.

I'm friendly enough, I don't bring airline forums to work 😉
 
snapthis said:
It looks like you Pickleballers are nearing retirement and will have to put on those flip-flops, knee high black socks and take up shuffleboard. :lol:
 
Yeah, we are nearing retirement.  And the beauty of the situation is that our east colleagues get all our seats!
 
nycbusdriver said:
 
Yeah, we are nearing retirement.  And the beauty of the situation is that our east colleagues get all our seats!
 
Yep, "our east colleagues get all our seats!"  It would seem their bizarre little "army's" concoction of arrogance, narcissism and greed proved a poisonous brew to those partaking...but at least the "spartans" have the deep satisfaction of sporting "righteous" T-shirts, $675 "liberty" ties and posting minus votes here, so I suppose it must all even out.
 
Phoenix said:
Judge B. "Then what do you want us to do. If we find USAPA violated its DFR then is it all rhetorical?" Marty, "That's correct. It's rhetorical."
Judge T. "Let me asks the same question Judge B. asked, in a different way. If we find USAPA breached its DFR, what injunctive relief do you want us to give you? Who do you want us to make do what? Marty responds, "There is no injunctive relief we can get." Judge T. "That is my point."
Judge G. "In order for us to have any issue to consider, there has to be some actual remedy available. And that is what the three of us are struggling with."
Judges ask questions phrased to confirm their reading of the case (Tashima) and others challenge the attorney's position (Bybee). The questions about what would an order from the court accomplish were more rhetorical as everyone in the room understood that a ruling in favor of the West would only have the effect of being a monument to our position.

Bottom line, USAPA as a union claiming it represents West pilots has reverted to an LLC with a seat at the table.
 
CactusPilot1 said:
Judges ask questions phrased to confirm their reading of the case (Tashima) and others challenge the attorney's position (Bybee). The questions about what would an order from the court accomplish were more rhetorical as everyone in the room understood that a ruling in favor of the West would only have the effect of being a monument to our position.
Bottom line, USAPA as a union claiming it represents West pilots has reverted to an LLC with a seat at the table.
Yeah, that was the point of all three judges, the DFR question is moot. If you would like to keep repeating their point, feel free, it makes you appear as a master of the obvious.
 
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