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  • TWU Equity Lawsuit Update

    Brothers and Sisters,

    On April 3, 2015 the plaintiff’s from both equity lawsuits filed a motion to consolidate both appeals and were granted the motion on April 7, 2015 by the court. The plaintiff’s legal counsel submitted their opening brief on May 18th to the court for review. The TWU requested an extension on answering to the plaintiff’s opening brief on June 16th and was granted an extension from the 9th Circuit Court of Appeals for July 20, 2015 for filing their answering to the opening brief of the plaintiff’s. The optional plaintiff's reply brief shall be filed and served within fourteen days of service of the TWU brief.

    The description of the court of appeals is as follows:

    The party who files an appeal is known as the appellant (plaintiffs' retirees) must show that the trial court made a legal error that affected the decision in the case. The appellant prepares a written document or brief discussing the legal arguments. In the brief, the appellant tries to explain that the trial court made errors and that its decision should be reversed. In this process, appellants cite previous court cases that support their point of view.

    The party defending against the appeal, known as the appellee (TWU) also submits a brief arguing why the trial court was correct in its decision or why any error was not significant enough to affect the outcome of the case. Briefs of appellees discuss similar courts cases that support their point of view.

    Appeals are decided by panels of three judges. The court of appeals does not receive additional evidence or hear witnesses; rather the judges make their decision based on the written record of the case in the trial court, the briefs submitted by the parties, and possibly oral argument.

    Argument in appellate court centers on written briefs prepared by the litigating parties. These briefs state the questions on appeal and describe the legal authorities and arguments that support each party's position. Although some cases are decided on the basis of written briefs alone, many cases are selected for an oral argument before the court. Oral argument in the court of appeals is presented by lawyers for both sides. Each side is given a short time – usually about 15 minutes – to present arguments to the court. The panel judges often ask questions of the lawyers during this time. The decision is not announced at the time of oral argument. Rather, the three judges meet and vote on the outcome.

    Asking for more time to submit a brief is very common in Appeals court.

    Please see the attached letter from the TWU Counsel.


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  • TWU Local 513

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