TWA Lawsuit Mediation Update and NEW AirTran DFR Lawsuit Filed
In the ongoing TWA lawsuit where ALPA is has been found GUILTY of failing to represent the TWA Pilots in their merger with American, new information has been discovered that points to a very expensive outcome for ALPA and its members.
On March 26th, 2012, following a March 23rd teleconference with the presiding judge and all parties, ALPA's Motion for Judgement as a Matter of Law, Motion for a New Trial, and Motion to Decertify Plaintiff's Class were withdrawn without prejudice. If ALPA wishes to refile the Motions, they must do so on or before April 30th, 2012. A hearing for oral arguments for the re-filed motions has been set for May 4th, 2012 at 9:30 am.
CLICK HERE to read the order.
This new development indicates that mediation over the amount of damages ALPA will pay has come to an impasse as DPA predicted. Moving on to the next stages of the damage awarding process signals that ALPA could not or would not offer the TWA Pilots a satisfactory settlement in the mediation phase. That is not surprising since DPA reported that ALPA's total insurance coverage was likely $80 to $90 Million or less.
CLICK HERE to read the DPA assessment of ALPA's insurance capability.
Considering that the mediation has apparently failed, we now have a better understanding of the timeline ahead of us. When ALPA attorneys make their oral arguments (which are fairly routine, last-ditch efforts) on May 4th, it is very likely that the judge will deny the motions during that hearing and set the damage trial date before a jury around six months from that day. DPA expects the damage trial to be set sometime late this fall. At the damage trial, a jury will attempt to determine exactly how much harm each of the 2,337 TWA Pilots suffered. The $1.2 Billion in damages sought by the TWA Pilots will be modified by the jury to a greater or lesser degree as they see fit. An ALPA bankruptcy appears imminent now along with the probable assessment of its members to recapitalize operations.[/size]Delta Pilots must complete our certification vote PRIOR to the damage trial if we are to have any hope of avoiding paying dearly for ALPA National's ongoing mistakes.
IN ANOTHER EXAMPLE OF ALPA'S FAILURE TO REPRESENT ITS MEMBERS, a new lawsuit has been recently filed by a group of AirTran Pilots!
On February 21st, 2012, in the U.S. District Court, Northern District of Georgia, a lawsuit was officially filed claiming that AirTran Pilots were harmed by ALPA in their integration with Southwest Airlines. The group is seeking AT LEAST $200,000.00 per pilot. At 1,700 pilots, that is a total damage amount of $340 MILLION dollars! Once again, Delta Pilot dues dollars will be spent defending another lawsuit and perhaps even paying out another settlement or damage award.
CLICK HERE to read the lawsuit complaint.
CLICK HERE to read the Civil Cover Sheet.
Once again, it is clear that a national association that claims to be able to represent multiple pilot groups at the same time is quite unable to achieve that goal without wasting enormous amounts of dues dollars from member airlines who had nothing to do with the continuing failures. Delta Pilots should not have to pay for litigation, settlements or damages to other pilot groups. By departing this failed structure, we can dedicate 100% of our resources to Delta Pilot issues EXCLUSIVELY.
We need to act quickly to achieve our certification vote and leave this mess behind before it harms us any further. BYE BYE ALPO. http://www.delta-pilots.org/dpa-news/2012/3/31/twa-lawsuit-mediation-update-and-new-airtran-dfr-lawsuit-fil.html Sorry Chip. 😀 😀 😀