Originally Posted by
OldnGrounded
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.
Of course anyone can sue for anything in the USA. They do it all the time and as a result there are frivolous lawsuits. I would not grant that SWAPA hired the finest litigation attorneys to prosecute this case. You obviously don’t know how labor unions work in the USA. They will sell their membership the belief and hope of a payoff for just about anything. Doesn’t take away the fact that the Southwest pilots have a thin argument in front of a jury that they have been harmed. A jury hearing how pilots who make 250K missed out on making 300K are generally not very sympathetic.
I am no fan of Boeing but the fact that Southwest hired the chief test pilot who pled the 5th is alarming. Way too much cross pollination to have a leg to stand on in court.