L;
After I read this post, I decided to review the transcripts of Judge Silver's proceedings last February. While we can't truly predict what she will do, these snipits may lead us to an educated guess:
(To Mr. Siegel) THE COURT: What would you have argued to the Ninth Circuit had you been a party? You're in front of the Ninth Circuit now. What would you have argued that would change the complexion of the case? It seems to me, as I've read the case again and again, that the majority opinion was -- they were adamant about taking the position, which is supported by the case law, that they are to defer where there are collective bargaining agreement negotiations. So they were just going to keep away from that no matter what. No question the Court embraced the issue that there was harm to the West Pilots. That was clear. Nonetheless, they were not -- still, this was something that could be negotiated and they felt it would be negotiated and even though US Air was not present, that it still could be negotiated so why is it any different?
(To Seham) THE COURT: So we have -- so, okay. We have Johnny-come-lately here and so they are now before me and they are now asking for a declaratory judgment. And I'm looking to see whether or not the Supreme Court of the United States decision gives me that discretion in a private-party situation as opposed to a government situation. And I'm trying to drag out of the Supreme Court decision that they are saying that this case is not different, that all of the issues that were raised in the Ninth Circuit decision on behalf of the company to establish that they were harmed are the same ones that are being brought to me now. It doesn't seem to make any difference to me that they are bringing it to me now.
Judge Silver has just a couple things in front of her, and basically it is the question of whether the company can be held harmless IF they choose to use a list other than the unmodified Nicolau list. Judge Silver has thoroughly read all of the Addington case files, AND will be using said files to craft her decision. Of that you can be sure.
IMHO.