Legal Info

Latest Legal News as of June 12, 2007:

Litigation Update
June 12, 2007

Included in this update:

1. Legal Motions Final "Traffic Light" Prior to Trial

2. ALPA's Own Arguments Demonstrate the Need for Reform

3. Class Certification Motions to Commence

4. Wanted: ALPA Reforms

Update (Adobe Acrobat 130k)

Plaintiffs File Written Arguments Opposing ALPA's Motion
May 10, 2007

In response to ALPA's motion for summary judgment (dismissal) plaintiffs have filed their written arguments opposing ALPA's motion.  In addition to rebutting ALPA's legal arguments, plaintiffs' documents outline in detail ALPA's actions against the small jet and its members who fly them.

(Note:  Due to confidentiality requirements, a few paragraphs and references have been redacted.)

Response (Adobe Acrobat 517k)

Declaration (Adobe Acrobat 171k)

ALPA Files Motion to Dismiss ASA and Comair DFR Lawsuits

Pursuant to the 11-09-06 litigation schedule, ALPA has filed their motion for summary judgment asking that both the ASA and Comair lawsuits be dismissed with prejudice.  Per the schedule, Plaintiffs have until January 16, 2006 to file their written response.

1. Motion

2. ALPA's Version of the "Undisputed" Facts

3. Woerth Declaration

4. Lawson Declaration

5. Wychor Declaration

6. McAhron-Schulz Declaration

Deposition Transcripts Now On-Line

The following is the deposition transcripts of ALPA's officials in the Cooksey and Ford Litigations.  The transcripts are unedited and published in their entirety except for those portions redacted to comply with the court-ordered confidentiality agreement. 

1. Ambrosi

2. Beebe

3. Buergey

4. Considine

5. Dolan

6. Kessler

7. Lawson

8. Roberts

9. Tennen

10. Woerth

11. Wychor

Additional transcripts will be posted as they become available.

November 9, 2006 Revised Scheduling Order

The Honorable James Orenstein, the Magistrate Judge overseeing the ASA and Comair cases, has issued a revised scheduling order for the remaining discovery and deposition phases of the litigation.

Order (Adobe Acrobat 48k)

June 12, 2006 Litigation Update

This update includes:

1. Pre-Trial Phase Now On the Horizon

2. Next On Deck in the Depositions

3. Darwin does Depositions

Update (Adobe Acrobat 156k)

March 6, 2006 Litigation Update

This update includes:

1. Start of Depositions Signals New Chapter in ALPA's History

2. ALPA Amnesia Syndrome Reaches Epidemic Proportions

3. Much Ado About Nothing

4. The Legal Dictionary:  Conflict of Interest

Update (Adobe Acrobat 82k)

Litigation Update
January 20, 2006

At a routine December administrative meeting, ALPA asked that plaintiffs withdraw (not settle) their litigations, and in the alternative, that the Court suspend the ASA & Comair litigations for up to twelve months.  Our message to ALPA is simple.  If the union desires an end to the litigation, then it must demonstrate a willingness to reform its conduct.  But as long as ALPA remains unwilling to enact reforms, then we will continue to aggressively prosecute the litigations until a just resolution is obtained.

Update (Adobe Acrobat 68k)

Summaries:

ASA and Comair Litigation Fact Sheets
As the exclusive bargaining agent of the ASA and Comair pilots, ALPA owes each pilot a solemn duty to vigorously protect and promote their interests. The Litigation Fact Sheets provide an overview of the ASA and Comair litigation and related information.

ASA Fact Sheet (Adobe Acrobat 113k)
Comair Fact Sheet (Adobe Acrobat 113k)

Text of Lawsuits:

ASA Class Action Complaint
This is the second amended complaint which now includes a request that the ASA pilots' lawsuit be certified as a class action on behalf of all ASA pilots. Cooksey et al v. Air Line Pilots Association International et al Case Number 1:03-cv-02514-ILG.

ASA Lawsuit (Adobe Acrobat 53k)

Comair Class-Action Lawsuit
This is the second revised amended complaint. This amendment includes the request for class action certification and incorporates other changes to reflect the Federal Court's June 23, 2003, ruling.

Comair Class-Action Lawsuit (Adobe Acrobat 46k)

Class Action Info:

Class Action Overview
On October 18, 2002, plaintiffs filed a motion with the United States District Court for the Eastern District of New York, requesting that the Comair pilots’ suit against ALPA be amended to include the names of more than 300 additional pilots. In response, the Court determined that after considering the motion and the opposition thereto, that there was no reason not to permit the 300 pilots to join the suit; however, the Court further suggested that there were valid reasons to consider converting the lawsuit into a class action on behalf of all Comair pilots.

Class Action Overview (Adobe Acrobat 102k)

Attorney's Info:

Michael S. Haber, Esq. has been practicing law since 1986 and is admitted to practice law in New York, Connecticut, New Jersey, US District Courts for the Southern and Eastern Districts of New York, the District of New Jersey, and the District of Connecticut.  He is also admitted to practice before the US Court of Appeals for the Second and Third Circuit and the US Supreme Court.

A large percentage of Mr. Haber's practice consists of representation of persons employed in the aviation industry in the area of labor and employment law.  Mr. Haber currently represents employees of USAirways, Piedmont Airways, Comair Airlines, Atlantic Southeast Airlines (ASA) and American Airlines.  In the past, Mr. Haber has represented pilots and other airline employees concerning their employment at Pan American World Airways, Delta Air Lines, and United Air Lines.

Legal Contact Info:

Haber Law Office
225 Broadway, 39th Floor
New York, NY 10007
212.791.6240 (phone)
212.566.6769 (fax)
haberlawoffice@aol.com (e-mail)

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