Originally Posted by
lambourne
How can they prove they were harmed? How do they know what would have happen using your legal logic. Nothing is guaranteed. They are basing they harm on what might have happened to them in a positive circumstance. The same could be made in a negative circumstance.
it is a frivolous lawsuit by a pilot group that has limboed under most every Reg and rule. What about all the FAA fines levied against southwest for their improper maintenance procedures. It is a short cut company and mentality. I hope they get the case thrown out.
I don't know how to respond except to say, with respect, that you don't seem to understand how civil litigation works in the US.
Absolutely nothing in our legal system prevents the SWA union from bringing this case. Whether or not they can prove they were harmed is a question that will be decided by the trier of fact -- either a judge or jury, depending upon choices by the parties we can't predict. The legal standard in a case like this is "
preponderance of evidence," a standard that leaves things wide open to interpretation by the trier of fact.
Remember, also, that the defendant -- here, Boeing -- will have to decide whether settling the case before trial will be less expensive and otherwise damaging than going the distance.
I think we can be pretty sure that the pilots didn't initiate this lawsuit without advice from skilled and experienced litigation attorneys, who will have evaluated the claim and advised as to its strengths and weaknesses. There are plenty of plaintiffs and attorneys who are willing to take a shot at frivolous cases, but this isn't an example of that -- not even close.