Case Dismissed...Equity Dstribution

Written by a friend of mine who does a pretty good job at looking up and explaining things to people.

"EQUITY LAWSUIT, WHAT'S NEXT?

The 9th District of Court of Appeals reaffirmed the lower courts decision to dismiss Retirees case of allegations that the TWU violated its duty of fair representation through conduct that was arbitrary , discriminatory , or done in bad faith. In its decision the retirees failed to put before the court any internal rule or policy that the TWU violated during the equity distribution process. Many would be lead to believe that this decision would be that last hurdle on the equity lawsuit, but it is not.

The retirees can petition for a “En Banc”, which means by full court. they can try to have their case to be reheard by a 9 member panel or by the full Court of Appeals. although many petitions are filed, so few are granted. Just filing a petition for the solely of delaying or merely to reargue the case is considered an abuse of the privilege. A petition for a rehearing must be filed within 14 days after entry of judgement.

On the retirees trying to petition to be heard in the Supreme Court, their chances of that are about 1% of all cases filed. If they did try to petition their case to the highest court, they do have 90 days to do so"
 
Written by a friend of mine who does a pretty good job at looking up and explaining things to people.

"EQUITY LAWSUIT, WHAT'S NEXT?

The 9th District of Court of Appeals reaffirmed the lower courts decision to dismiss Retirees case of allegations that the TWU violated its duty of fair representation through conduct that was arbitrary , discriminatory , or done in bad faith. In its decision the retirees failed to put before the court any internal rule or policy that the TWU violated during the equity distribution process. Many would be lead to believe that this decision would be that last hurdle on the equity lawsuit, but it is not.

The retirees can petition for a “En Banc”, which means by full court. they can try to have their case to be reheard by a 9 member panel or by the full Court of Appeals. although many petitions are filed, so few are granted. Just filing a petition for the solely of delaying or merely to reargue the case is considered an abuse of the privilege. A petition for a rehearing must be filed within 14 days after entry of judgement.

On the retirees trying to petition to be heard in the Supreme Court, their chances of that are about 1% of all cases filed. If they did try to petition their case to the highest court, they do have 90 days to do so"

I guess they have nothing to lose. They took the retirement and left. The rest of us who remained have had to to deal with the anxiety and uncertainty and most of all the change moving forward.
 
I guess they have nothing to lose. They took the retirement and left. The rest of us who remained have had to to deal with the anxiety and uncertainty and most of all the change moving forward.


I doubt they're going to file anything to continue on? The 3 Judge Appeals Court ruled unanimously against them and I've heard they've already spent a fortune just to go as far as they have up to now.

And I know I've always been against people using absolutes but on this one I've always maintained, they didn't and still don't have a shot in Hell.
 

Latest posts