AAA73Pilot
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FYI:
(24June2008)
Fellow pilots,
The following is an update with regard to USAPA's current legal action.
AWAPPA and its directors have submitted a Motion to Dismiss that will be considered by the federal court this Friday in the context of USAPA's injunction request.
Significantly, AWAPPA's motion actually assumes the truth of USAPA's allegations. In other words, AWAPPA takes the position that the lawsuit should be dismissed even if it is true that AWAPPA and others unlawfully conspired to send excrement through the mail, engage in threats of physical violence, and engage in criminal telephonic and electronic sabotage.
The gist of AWAPPA's motion is that, due to alleged technical defects relating to USAPA's federal cause of action, that cause of action should be dismissed. And, if the federal cause of action is dismissed, then the multiple state law causes of action should be dismissed based on the federal court's lack of jurisdiction over state law claims..
AWAPPA's motion, therefore, is nothing more than a technicality-based delay tactic. In the event the motion is successful, USAPA will simply re-file the action in North Carolina state court. In our view, nothing will have been accomplished for the defendants other than the generation of additional attorneys' fees. The defendants' "success" will merely result in the allegations of criminal and otherwise unlawful misconduct being evaluated by a North Carolina state court jury.
In the meantime, certain individual defendants have inquired with USAPA concerning the possibility of settlement. Due to the fact that the litigation is in its early stages, USAPA has responded -- depending on the conduct of the particular defendant -- with either low-cost or no-cost offers of settlement contingent on the individual's commitment to refrain from future unlawful conduct.
We are aware that certain of the defendants are soliciting money from their fellow pilots to finance their defense against the allegations of criminal and otherwise unlawful conduct. In our view, the better economic and moral decision would be to admit their wrong-doing and make a commitment to refrain from future criminal and unlawful activity. As the litigation progresses, however, USAPA will become more reluctant to agree to a low-cost or no-cost settlement.
USAPA is aware that certain individuals have represented that the lawsuit seeks the compromise the defendants' position regarding seniority integration. That is untrue. The current litigation does not seek to diminish the ability of any pilot to assert his or her position on seniority integration and/or to take legal action in defense of that position. The focus of this litigation is the unacceptability of criminal and otherwise unlawful tactics.