One thing for sure is that the Court appears to understand the issues in this case. In the Court's own words, USAPA has virtually no defenses left (the underscore and italics is our emphasis added):
Dear US Airways Pilots,
Earlier today, Judge Wake issued his order granting our motion for class certification. You can read the complete order here .
Good evening fellow pilots. Please mark your calendars for April 28th, because that is the day that our DFR trial will commence against USAPA. Earlier this afternoon, Judge Wake held a telephonic hearing with attorneys from both sides and rendered several decisions. You can read the summary here.
A trial is where a defendant’s actions are proven before a jury, and the guilt, or non-guilt of those acts is measured against the law. Our case is about discrimination. Despite the objective fairness of the Nicolau decision, that will not be litigated as it has nothing to do with the central issue of discrimination.
It is amazing how the West pilots had to lose our name, lose our union and face the total abandonment of OUR former management in order to clearly define ourselves. Though the AWA pilots may not be unified on every conceivable issue, the challenges of this merger have cemented us together