Out flying, had a chance yesterday to just read the West account of the proceedings..and have not talked to anyone else in the courtroom yet. Won’t get a transcript for a while.
First, I am shocked catching up on 20 hours of posts here that not much new is being said. Same old arguments, including my own.
First, the USAPA lawyer seemed to have his shuddering Andy moment, caught with his “pants down” as to the EAST MEC suit in DCA years ago. Anyone here from the start (not Cleary or his “new guy”) would know the reply to the Judge’s query. The new guy will do just fine going forward, especially in the briefs, but I understand the gloating…not pretty. This stuff happens when a union VP (again, “pants down”) cannoodles with the hired legal help….leading to the firing, lies, and public trashing of her old firm (the firm that had the decency to let her go under the circumstances.) I hope Cleary and the CLT reps are happy with this performance, but it was a public not a legal setback. USAPA Comm threw gas in the fire also yesterday, shamefully inept communication about the law.
Judge Silver seems to get it. She may let the dogs run wild for the courtroom show, but she knows darn well DFR II is not going to be tried in her courtroom. Contrats on Marty and the gang for propping up that dead premise..good work. One question, and one question only will be answered by Silver after briefs and rebuttals….Is the Company bound to use NIC?.... else free to negotiate. All the case law and our own dicta from the Ninth is staring her in the face. Even Wake, though improperly allowing the premature DFR, admitted both were free to negotiate.
You guys had a good day. Nothing changed. And when a ratified agreement is presented in DFR II, which we all admit is coming, you will be free to argue your case. But no NIC, ever.
Got scope?
RR