The 9ths ruling stands. Addington was dismissed.
However, being that it was dismissed on the ripeness finding, the merits of the case still stand. A jury verdict was awarded against usapa in record time. The company is aware of that fact and unwilling to collude with usapa in a future DFR.
Silver would be hard pressed to make a ruling contrary to the 9ths ruling in Addington, as the 9th said absolutely nothing about the merits of the case, other than not ripe and why.
Further, ripeness has already been considered in the company DJ. Guess what, it is ripe according to Silver. The company is currently stuck between the threat of a job action from usapa, (really no threat because the NMB will never release a scab union for insisting on an illegal DFR seniority scheme) and a multi-billion dollar lawsuit from the West pilot class.
Also, Callaway is correct. The New York case is relevant, because a dismissal based on findings that it is usapa who is failing to negotiate in good faith, by insisting on a seniority list that has already been found to not pass DFR muster, while simultaneaously attempting to stall the ongoing DJ in another court, would basically answere the same question. That question being, can a union force a corporation to pick up the tab for its illegal behavior? I am guessing the answere will be no.