USAPA Legal Update
posted April 15th, 2010
As a result of the length of time it is taking the Ninth Circuit to decide the merits of USAPA’s expedited appeal, the refusal of the District Court to grant a stay of its injunction while the appeal is pending, the deferral of the motion to stay made to the Ninth Circuit, coupled with recent media reports of a potential merger between US Airways and United Airlines, attorneys for the Association yesterday, April 14, 2010, filed a renewed motion to stay the injunction with the Ninth Circuit.
Acting on wide spread news reports that made public an expectation of imminent developments, the Association filed its motion on an emergency basis.
No other developments in either the district court or the court of appeals has occurred, and the grant or denial of the Association’s motion is expected to have no impact on the merits of the pending appeal.
The motion will be posted shortly on the USAPA web site in the Legal Library.
USAPA Offers Further Clarification on Addington Legal Update
Yesterday we issued a Legal Update on the filing of a renewed motion with the Ninth Circuit to stay Judge Wake's injunction in the Addington case. Several members have requested clarification, so we've put together a Q&A to answer your questions.
Q. What does this mean for me?
A. It is more of the same; that is, we are just asking the court to do what we have already asked the district court and the Ninth Circuit Court to do before. Judge Wake refused, and the Ninth 'shelved' it. We are asking for a stay for the same reason we asked previously: because we should not have to comply with an injunction while we wait for the Ninth to rule that it should never have been issued.