Originally Posted by
Sorry Dog
This would seem to be the likely way it would play out, except it on the defense side it would definitely be worth the delaying action and possibly even some luck for them to try a few motions mentioning the arguments presented by peekay. It's worth noting that even if the ABX case is cited by defense, it is at best only a supporting argument and easily rebutted in a response. However, I would think it would be in the interest of Allegiant (and their council's legal bill) for them to drag out discovery and pre-trial procedures for a year or more and then worry about settlement.
Sadly true - who has the deeper legal pockets - motion to postpone after motion to postpone - delay after delay - rack up legal bills. Lawyers will get paid regardless. Worse, the entire episode may very well depend on the judge that hears the case and which political party appointed said judge (as I have learned the hard way twice). Unfortunately, case law did not matter. Political ideology of the presiding official determined the outcome.