Legal Postings

Legal Postings - AMR DOJ Action and Addington II

AMR DOJ Action

Doc 141 - Order,  is now posted in the Legal Library, granting USAPA's Motion for Leave to File Amicus Brief. Here is the order issued by District Judge Colleen Kollar-Kotelly, on November 5, 2013, in its entirety.

The [132] Motion of US Airline Pilots Association for Leave to Participate as Amicus Curiae is GRANTED. The movant shall be permitted to file a brief amicus curiae addressing the merits of this case subject to the following limitations. First, the brief must be filed by no later than November 15, 2013. Second, the brief must not exceed eight (8) pages in length. Third, the Court requests that amicus not include factual materials that will not be presented by the parties as part of the trial record. Instead, amicus should, where possible, focus its brief on legal arguments in support of its position. To the extent amicus incorporate factual information not introduced and subject to cross-examination by the parties, this information will be disregarded by the Court. Finally, the Court requests that amicus coordinate its filing with, and not reiterate any arguments made by, the other unions filing a joint amicus brief in this matter. If it becomes apparent, after communicating with counsel for other union amici in this matter, that these briefs will be making the same arguments regarding the “benefits to the public” of an approved merger, the Court asks that amicus join a single union amici brief rather than filing a separate brief.


Legal Posting – AMR DOJ Action

Yesterday, November 5, 2013, in the US District Court for the District of Columbia, US Airways and AMR filed their opposition (Doc 138) to the motion of USAPA to participate as Amicus Curiae. This document is also available on the USAPA Web site, in the Legal Library under AMR DOJ Action.

USAPA Communications

Legal Postings – Addington II

Yesterday, October 31, the parties filed their summaries of evidence as directed by the Court. At the close of the hearing last week, the Court directed the parties to submit summaries of the evidence presented at trial. Documents 258-260 are in response to that direction.

Plaintiffs also filed a motion to strike (Doc 257) the Motion that was submitted by USAPA asking the Court to accept the Declaration of Gary Hummel. A motion to strike is a request that the Court eliminate the particular material (USAPA Motion and the Declaration) from the record. USAPA will be opposing the motion.

The following Addington II filings are now posted in the Legal Library:

Doc 257, Plaintiffs' Motion to Strike
Doc 257-1, Proposed Order
Doc 258, US Airways' Statement
Doc 259, Plaintiffs' Summary of Evidence
Doc 260, USAPA's Summary of Evidence

USAPA Communications

Legal Postings - Declaratory Judgment Appeal, AMR DOJ Action

The United States Court of Appeals for the Ninth Circuit recently set argument (Dkt 39) on the appeal in the Declaratory Judgment case for December 9 in San Francisco. This is the appeal that was filed last January by US Airways from the decision originally issue by Judge Silver on October 11, 2012. 

The complaint in the Declaratory Judgment case was filed by US Airways and asked for judgment on one of three alternative grounds:  (Count I) that USAPA was violating its duty of fair representation “by its continued insistence . . . upon an integrated seniority list other than as reflected in the Nicolau Award,” (Count II) that USAPA was not violating its DFR by continuing “to demand . . . an integrated seniority list other than as reflected in the Nicolau Award,” or (Count III) that US Airways would not be liable “regardless” of the seniority proposal adopted.


Legal Postings - Addington II and AMR DOJ Action

Before trial in the Addington II case, USAPA and US Airways filed motions for summary judgment (Docs 211 and 212). Doc 250 is the order addressing those motions, placing deadlines for the various filings.

The following filings are now available in the Legal Library:

Addington II


Legal Postings – Addington II

The court transcript for day two of the Addington II hearing (October 23, 2013) is now available and posted in the Legal Library: Transcript of Proceedings - Day Two.

USAPA Communications

Legal Posting - Addington II

Earlier this afternoon and available in the Legal Library, the Court issued the order (Doc 235) addressing several matters concerning the trial that will begin tomorrow, October 22, at 8:30 a.m. and continue on October 23.

The Court granted Plaintiffs’ Motion In Limine (Doc 209) with respect to exhibits and testimony related to Leonidas, LLC.  This means that evidence and exhibits concerning Leonidas, LLC, will be excluded with the caveat that “If USAPA believes the evidence regarding Leonidas, LLC is absolutely crucial, it must be prepared to formulate the precise relevance of that evidence.”

The Court denied the Motions In Limine filed by Plaintiffs seeking to prohibit testimony concerning why paragraph 10.h was included in the MOU (Doc 207), testimony concerning the effect of the Nicolau Award (Doc 208) and testimony by Pat Szymanski (Doc 210).  In this respect, the Court observed that “the fact that this is a bench trial means the motions in limine are of limited use. See, e.g., United States v. Heller, 551 F.3d 1108, 1111-12 (9th Cir. 2009) (“It would be, in effect, ‘coals to Newcastle,’ asking the judge to rule in advance on prejudicial evidence so that the judge would not hear the evidence.”).”


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