Legal Opinion · Concurring in part, dissenting in part

Don Addington v. US Airline Pilots Assn

Court of Appeals for the Ninth Circuit

Decided June 26, 2015No. 14-15757, 14-15874, 14-15892Published

1Concurring in part, dissenting in partTashima, Circuit Judge

I agree with the majority that Plaintiffs’ McCaskill-Bond claim is moot and that the portion of the district court’s decision addressing that issue should be vacated with instructions to dismiss that claim. I also agree that USAPA’s and US Airways’ cross-appeals should be dismissed. I believe, however, contrary to the majority, that Plaintiffs’ breach of the duty of fair representation claim should also be dismissed as moot. I, thus, would not reach the merits of that claim. If we do reach the merits, I disagree with the majority’s determination that USAPA breached its duty of fair…

2Cases cited21 opinions

  1. Califano v. YamasakiSupreme Court of the United States · 1979
  2. Ford Motor Co. v. HuffmanSupreme Court of the United States · 1953
  3. Air Line Pilots Ass'n v. O'NeillSupreme Court of the United States · 1991
  4. Stormans, Inc. v. SeleckyCourt of Appeals for the Ninth Circuit · 2009
  5. E. & J. Gallo Winery v. Gallo Cattle Co.Court of Appeals for the Ninth Circuit · 1992

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