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Search: Posts Made By: peekay4
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Forum: North America
11th Mar 2017, 23:08
Replies: 149
Views: 126,767
Posted By peekay4

The case is now inching closer to a jury trial,...

The case is now inching closer to a jury trial, scheduled to start on July 31, 2017 -- more than two years since the date of this incident.

It appears that the Captain's legal team wanted to...
Forum: North America
3rd Oct 2016, 23:11
Replies: 149
Views: 126,767
Posted By peekay4

The FAA would be reluctant to be seen as...

The FAA would be reluctant to be seen as "meddling" in what's considered a civil employment case. However, the FAA responded by moving up a comprehensive audit of Allegiant's operations (CHEP audit)...
Forum: North America
3rd Jul 2016, 07:02
Replies: 149
Views: 126,767
Posted By peekay4

Just a short follow-up on this case. The U.S....

Just a short follow-up on this case. The U.S. District Court rejected Allegiant's arguments on federal jurisdiction. The case has been sent back (remanded) to the Nevada State court, a win for...
Forum: North America
22nd Jan 2016, 16:50
Replies: 149
Views: 126,767
Posted By peekay4

Indeed, Allegiant is represented by capable...

Indeed, Allegiant is represented by capable counsels from Jackson Lewis P.C.

On the Motion to Dismiss, both its Response and the Reply to Response have now been filed. I believe next up is...
Forum: North America
19th Jan 2016, 00:31
Replies: 149
Views: 126,767
Posted By peekay4

So as predicted, it came out in court filings...

So as predicted, it came out in court filings that the Captain had demanded $3 million from Allegiant in pre-litigation discussions. This amount obviously meets the dollar threshold for removal from...
Forum: North America
1st Dec 2015, 17:12
Replies: 149
Views: 126,767
Posted By peekay4

The RLA situation with Allegiant is a bit more...

The RLA situation with Allegiant is a bit more complicated since (I believe) there is no existing CBA between the pilots and Allegiant, so the Captain cannot rely on some rights customarily written...
Forum: North America
23rd Nov 2015, 05:16
Replies: 149
Views: 126,767
Posted By peekay4

That's another "complicated" part of the story...

That's another "complicated" part of the story since we don't have all the details.

Per Allegiant's FAA filing, mechanics who examined the aircraft & the engine afterwards found no discrepancies...
Forum: North America
18th Nov 2015, 18:04
Replies: 149
Views: 126,767
Posted By peekay4

On AIR21. The Captain wasn't fired in an...

On AIR21.

The Captain wasn't fired in an instant. He supposedly had several conversations with Allegiant after the incident, and he was fired after "repeatedly" stating that he would again...
Forum: North America
18th Nov 2015, 14:20
Replies: 149
Views: 126,767
Posted By peekay4

There are many other ways employees are protected...

There are many other ways employees are protected from being forced to break safety regulations or force termination.

E.g., AIR21 (49 U.S.C. §42121) (http://www.whistleblowers.gov/acts/air21.html)...
Forum: North America
18th Nov 2015, 13:43
Replies: 149
Views: 126,767
Posted By peekay4

Court records still show the case at the Nevada...

Court records still show the case at the Nevada District Court for some reason and I can't find any petition or notice of removal.

Nevertheless, removal implies there have been monetary...
Forum: North America
18th Nov 2015, 04:34
Replies: 149
Views: 126,767
Posted By peekay4

@CONSO See above. Completely irrelevant. ...

@CONSO

See above. Completely irrelevant.

Maybe you guys/gals should actually read APA vs. ABX Inc. instead of making incorrect assumptions.
Forum: North America
18th Nov 2015, 04:22
Replies: 149
Views: 126,767
Posted By peekay4

Um, we were specifically talking about APA vs....

Um, we were specifically talking about APA vs. ABX Inc. As any rank-and-stoked first year civil procedure student would also gladly tell you, application of State law is completely irrelevant in a...
Forum: North America
18th Nov 2015, 03:05
Replies: 149
Views: 126,767
Posted By peekay4

I guess you don't know how courts work. :hmm:...

I guess you don't know how courts work. :hmm: It's a Federal District Court. It's not going to apply Ohio's law, or Nevada's law, or California law, or Texas law. There is a reason why we have...
Forum: North America
18th Nov 2015, 01:19
Replies: 149
Views: 126,767
Posted By peekay4

It doesn't. That's the point. FARs are federal...

It doesn't. That's the point. FARs are federal rules, yet even Federal District Courts (much less a State court) will not consider FARs as part of a civil case on jurisdictional grounds. The case...
Forum: North America
17th Nov 2015, 15:25
Replies: 149
Views: 126,767
Posted By peekay4

I noticed the union is not representing the...

I noticed the union is not representing the Captain -- he is suing Allegiant on his own.

The meat of the suit is very tricky. US FARs are regulations, not law. Only the regulator (FAA) can...
Forum: North America
16th Nov 2015, 17:15
Replies: 149
Views: 126,767
Posted By peekay4

Um, in this case, shouldn't the Captain talk to...

Um, in this case, shouldn't the Captain talk to his own cabin crew to see what was happening in the cabin?

Did he? What did the FAs told him? "All clear!"? or "Smoke is chocking us to death!"?...
Forum: North America
16th Nov 2015, 14:53
Replies: 149
Views: 126,767
Posted By peekay4

That's not quite my take. The transcript is...

That's not quite my take. The transcript is ambiguous.

"Unknown" could mean "we have no idea who that was (even now)", or, "we don't know who that was, at the time of the transmission".

But...
Forum: North America
16th Nov 2015, 06:07
Replies: 149
Views: 126,767
Posted By peekay4

Read the transcript:

Read the transcript:
Forum: North America
16th Nov 2015, 00:51
Replies: 149
Views: 126,767
Posted By peekay4

This is unclear from the transcripts, which seem...

This is unclear from the transcripts, which seem to indicate that the request not to evacuate came from "Airport Command RF 2", i.e., one of the rescue fire fighters on the ground.

A Captain as...
Forum: North America
13th Nov 2015, 18:46
Replies: 149
Views: 126,767
Posted By peekay4

@susier Allegiant plane leaving St....

@susier

Allegiant plane leaving St. Pete-Clearwater makes emergency landing | WFLA.com (http://wfla.com/2015/06/08/allegiant-plane-leaving-st-pete-clearwater-makes-emergency-landing/)
Forum: North America
13th Nov 2015, 18:19
Replies: 149
Views: 126,767
Posted By peekay4

Thanks Airbubba. Here's an excerpt from the...

Thanks Airbubba.

Here's an excerpt from the radio transcription detailed in Exhibit 1. The "Unknown" voice seems to be RF2 but not identified as such.



(no other related conversation until...
Forum: North America
13th Nov 2015, 14:35
Replies: 149
Views: 126,767
Posted By peekay4

What's the rest of this story? What a bizarre...

What's the rest of this story? What a bizarre situation.
Showing results 1 to 22 of 22


 
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