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  1. #1
    I Am Rocking Now

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    Default The appeals process starts

    Tuesday, January 18, 2011

    ABF filed an appeal today in the United States Court of Appeals for the Eighth Circuit (St. Louis) from the December 20, 2010, decision dismissing the lawsuit filed by ABF in November, 2010, against the International Brotherhood of Teamsters (IBT) and various other parties. ABF respectfully disagrees with the courtís decision last month, dismissing the suit which seeks to declare modifications to the National Master Freight Agreement (NMFA) on behalf of YRC Worldwide subsidiaries null and void. Therefore, we have chosen to exercise our right to file an appeal.




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  2. #2
    Taking A Stand!!!

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    Default Re: The appeals process starts

    Thanks Crazy, I thought it had been a bit too quiet lately.

  3. #3
    Steward

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    Default Re: The appeals process starts

    The last quarter of 2010 must have been real good and need to rid themselves of some money. Pay raises and more money spent to lawyers and probably some to the court system. It's hard to believe that they wanted us to take the pay cut but maybe they are taking lessons from TJ. They will appeal and appeal until they find a court and judge to cram the concessions down our throats so we will be equal to the YRC concessions.

  4. #4
    Resistance is futile.

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    Default Re: The appeals process starts

    Appeals process very rarely overturn a lower courts decision at least from what I read and hear.

  5. #5
    I'm lovin' it

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    Default Re: The appeals process starts

    Quote Originally Posted by Jimmy View Post
    Appeals process very rarely overturn a lower courts decision at least from what I read and hear.
    If the plaintiff brings evidence of error on the part of the judge, or the facts of the case, the appellate court usually does send them back, in this instance, back to hear the case.

    You may be referring to cases already heard as being rarely overturned, that have had a judgment, summary judgment, settlement, as being mute.

    Notwithstanding, I believe that ABF's case is weak, but meritorious, meaning that the District Court may be ordered by the Eight Circuit to hear the case. That is what ABF wants is their day in court. I think they will probably get it. Whether or not they prevail in their argument, remains to be seen.
    Last edited by Mulerider; 01-19-2011 at 07:33 PM. Reason: punctuation

  6. #6
    Resistance is futile.

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    Default Re: The appeals process starts

    Might this be another Gore, Bush duke out to the Supreme Court?

  7. #7
    I'm lovin' it

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    Default Re: The appeals process starts

    Quote Originally Posted by Jimmy View Post
    Might this be another Gore, Bush duke out to the Supreme Court?
    Perhaps. Let's see what the Eighth District says first.

    Even if ABF prevails here, they still have to prove their case in the District Court.

    Supreme Court is way down the road at this point. Even if it gets to that point, the Supreme Court may decide NOT to hear the case, and that would be the end of it.

  8. #8
    I Am Rocking Now

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    Default Re: The appeals process starts

    Quote Originally Posted by Mulerider View Post
    If the plaintiff brings evidence of error on the part of the judge, or the facts of the case, the appellate court usually does send them back, in this instance, back to hear the case.
    I am curious to know if anyone has had any luck in finding out what the difference is between the TMI & ABF NMFA contracts? ABF Teamsters voted to accept the TNFINC/TMI negotiated NMFA. But McCall claimed in his sworn letter to Judge Wright that ABF negotiated a separate NMFA contract with TNFINC that contains different "memoranda". As far as I know the ABF Teamsters were never made aware of McCall's claim and we were not allowed our right to vote for a different contract.

    I am surprised that McCall & Tyson have been allowed to have it both ways. It appears to me that some of my elected IBT representatives were not acting in the ABF Teamster's best interests. At some point in time someone is going to have to answer for this. I hope that Pope and Gegare have this issue highlighted on their campaign agenda list. I'll bet the ABF appeal takes issue with it.

  9. #9
    Getting In The Groove Now.

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    Default Re: The appeals process starts

    The complaint is always filed in the trial court. Under the federal court system, this trial court is called the United States District Court. Each state has at least one district court.
    If a party loses in the trial court, that party has an automatic right to appeal to the next highest court. In the federal system, the party appeals to the Court of Appeals for the appropriate circuit. In this case, it's the 8th circuit located in St. Louis.
    On appeal, the appellate court is limited to a review of the record of the court below. The court will not hear from any witnesses or take new evidence. The party appealing the decision of the trial court must demonstrate that there was an error in the court below that affected the outcome of the case. The appellate court will determine whether the law was incorrectly applied on the facts, or if the decision reached is not supported by the facts. Even though new evidence may not be presented to the court, all parties to the appeal will have an opportunity to submit a written brief on the issues before the appellate court. After the parties submit briefs, the court will hear oral argument. After oral arguement, the court will render one of four decisions. The court will either affirm (the court rules the same way as the trial court), affirm with modification (the court will rule the same way, but modify some element of the decision below), reverse (the court disagrees with the trial court), or reverse and remand (the applellate court is not certain based on the record before it, whether it disagrees with the trial court). In this situation the court gives an opinion stating how it would rule assuming that certain facts are true. The appellate court will then (reverse) the decision and send it back (remand) to the trial court for a decision in accordance with the opinion expressed by the appellate court.
    If a party loses in the appellate court, the losing party may petition the next highest court for review. In the federal court system this is the United States Supreme Court. A petition to review may or may not be granted.

  10. #10
    I'm lovin' it

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    Default Re: The appeals process starts

    Quote Originally Posted by keeping up View Post
    The complaint is always filed in the trial court. Under the federal court system, this trial court is called the United States District Court. Each state has at least one district court.
    If a party loses in the trial court, that party has an automatic right to appeal to the next highest court. In the federal system, the party appeals to the Court of Appeals for the appropriate circuit. In this case, it's the 8th circuit located in St. Louis.
    On appeal, the appellate court is limited to a review of the record of the court below. The court will not hear from any witnesses or take new evidence. The party appealing the decision of the trial court must demonstrate that there was an error in the court below that affected the outcome of the case. The appellate court will determine whether the law was incorrectly applied on the facts, or if the decision reached is not supported by the facts. Even though new evidence may not be presented to the court, all parties to the appeal will have an opportunity to submit a written brief on the issues before the appellate court. After the parties submit briefs, the court will hear oral argument. After oral arguement, the court will render one of four decisions. The court will either affirm (the court rules the same way as the trial court), affirm with modification (the court will rule the same way, but modify some element of the decision below), reverse (the court disagrees with the trial court), or reverse and remand (the applellate court is not certain based on the record before it, whether it disagrees with the trial court). In this situation the court gives an opinion stating how it would rule assuming that certain facts are true. The appellate court will then (reverse) the decision and send it back (remand) to the trial court for a decision in accordance with the opinion expressed by the appellate court.
    If a party loses in the appellate court, the losing party may petition the next highest court for review. In the federal court system this is the United States Supreme Court. A petition to review may or may not be granted.
    The parties may NOT always ask for oral argument to be heard, by relying on the briefs. Many times the appeals process is never heard in the courtroom. It is a pretty sterile process anyway, the complainant (appellant), presents argument, which is a synopsis of the briefs orally, outlining their most compelling evidence. The respondent(appellee) then gives argument to rebut the briefs, and oral argument, followed by the complainants' rebuttal and final word. That's it.

    ABF is just trying to make it back to the District Court.

    We'll see what the Eight Circuit says. I know here in Chicago, the Seventh Circuit, from my experience, would probably remand to the lower court for hearing. This is an interesting case. We may never know how it may play out.

 

 
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