There is an important issue that must be taken into account on this topic, (and I assume it has played a paramount role on the court ruling decision): this particular crew was involved on an aircraft accident in which CRM was a factor – “CRM principles were not evident during this event”, it is stated in the accident report under Conclusions Evidence.
Although this evidence finding was not developed nor any recommendation elaborated on it (a clear “gap” on the report, on my own opinion) what would anyone with management responsibilities on the company would do?
The answer looks clear to me…