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Response to a Motion of Summary Judgement

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smearriam

Junior Member
What is the name of your state? NY

Just received the motion for summary judgement and am looking for a bit of advice on my next step...

In short...
I am being sued over a training contract at a flight department that required me to receive new aircraft training.. I fulfilled half of the 2 year contract. The reason i quit was mostly becasue my job duties were not what I honestly thought they were going to be..(pilot vs. co-pilot...there is a difference in the faa's eyes)....it's kind of like being an assistant to a lawyer when you thought you would be the lawyer. Thats the best way I can describe it.

Anyways, that part will be a bit difficult to prove. There was a case just decided in Texas with nearly identical issues.. In that case the defendant (pilot) actually won!! So I'm hoping to use that case as part of my defense..


Another point I would like to argue is that the lawyers sent me an invoice from the training agency I attended. It was part of their evidence. However, the date they claim I attended training and the date on the invoice is no where near the date I attended training. I don't know who's invoice it is or where it came from, but I was actually working the days they claim I was in training. And can easily prove it..

Any thought on how to respond to the Motion? Should I just wait until I go to the judge, try to file a Motion for dismissal, or an affidavit in oposition. I feel at the very least the fact that I did not do what I was hired to do falls under a misrepresentation defense....

thanks...
 


If granted, a Motion for Summary Judgment would be a judgment against you. A motion for summary judgment (MSJ) asks the court to decide, as a matter of law, the matter based on undisputed facts.

Therefore, to defeat a MSJ, you must introduce, by affidavit, questions of fact which are in dispute. Those facts must be "material", that is, a difference over facts which are key to the matter at hand.

Note that at this stage you don't have to prove your version of the facts - just introduce evidence that there is a dispute over the facts.

You may wish to consult an attorney - responding to a MSJ can be tricky, and has some procedural requirements which must be met.
 

Rexlan

Senior Member
You entered into a 2 year contract in exchange for free training. You received the training and now you are dissatisfied with the assignment to fulfill you obligation so you want a way out. That may hurt you in the industry later.

It does not sound like there are any facts in dispute and their motion will probably be granted.

Your options are to pay for the training you received or fulfill your obligation. Your "new" understanding of the duties are immaterial and it is your fault that you were not thorough before entering into the contract and accepting the training.

Additionally, if you do succeed in getting the SJ denied and proceed to trial you will probably incur, at a minimum, your legal fees and probably some of theirs if they show bad faith. Clerical error about dates does not matter and the record can be easily corrected.

Did you really think you would get a captains slot right out of training ... get real. You can still log allot of the time as PIC and all of the time as co-pilot. I assume you have your ATP so the hours are not really too important at this stage. Just the experience.
 
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smearriam

Junior Member
Luckily I am at the very best company in aviation at the moment so hurting my chances is not a problem.. I may not have clarified in my earlier post, but I am not time building or looking to log PIC time for any future jobs. It's the fact that I was told I'd be a PIC and ended up being an SIC...

I assume your a pilot since it sounds like you know a little about it...But to answer your question...yes I did think I was going to be a PIC out of training. And the experience is not what I needed, I have more than enough hours to go anywhere in this industry. It was the mere fact that my job duties were not what was presented to me at the time of my hire..And unfortunately it was too late to go back to my former airline because I had already quit because of the opportunity I thought I had at the new company.
 

Rexlan

Senior Member
There is the problem .... you "thought" you were going to be PIC but you did not do the homework to be clear about the contract. Now you have benefited from the training and breached your commitment. Is there a written contract and what does it say? If not, then it is he said, you said and they can not get a SJ if you oppose it and you MUST attach an affidavit. It must be timely filed as well.

However, I'll stick to the first advice for now. Even if it does not jeopardize your future opportunities it is unfortunate that you still feel it is Ok to renege on your end of the deal. They have invested a lot of money and time in you and it is not right for you to just walk with the benefit of that for free. After all, they too disserve some consideration and perhaps your zest for the deal overshadowed your good sense going in.
 

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