Delta is at it again, falsifying the record by filing documents with untruths. July 9th, 2025, Delta filed their latest and greatest: RESPONDENT DELTA AIR LINES, INC.’S REPLY MEMORANDUM IN SUPPORT OF MOTION FOR STAY AND PROTECTIVE ORDER. None of what they wrote was true. As it turns out, this is what they call “legal trash talk” and despite my never conceding to anything, Delta said I did.
Delta’s star attorney, Lincoln Bisbee, at Morgan Lewis and Bockius, is at it again.
Bisbee wrote:
Dr. Petitt concedes that the ARB has held that it is appropriate to “suspend discovery pending a motion potentially dispositive of the case,” especially “where the jurisdictional facts are not in dispute.” (Mot. at 4-5.). NO I DID NOT!
Dr. Petitt concedes that the jurisdictional facts in this case (e.g., that she retired from Delta two-plus years ago) are not in dispute. (Id.) NO I DID NOT!
Dr. Petitt concedes that the ARB has indicated that tribunals should look to federal case law when determining whether it is appropriate to stay discovery pending a ruling on a motion to dismiss. (Id.) NO I DID NOT!
Dr. Petitt concedes forty federal court cases—among hundreds more—finding that it is “well settled” that tribunals should suspend discovery when a dispositive motion to dismiss is pending. (Mot. at 5-6, App’x A.) NO I DID NOT!
Dr. Petitt concedes that it can be legal error to not issue a stay pending a ruling on a dispositive motion to dismiss. (Mot. at 5-6.) NO I DID NOT!
Dr. Petitt concedes that the Rules of Practice and Procedure “envision[] pausing discovery at times such as this one.” (Mot. at 4.) NO I DID NOT!
Unfortunately, I do not have the right to file a legal response to this trash talk. Bisbee flat out lied. He then accused me of “misdirection.” Should attorneys be held accountable to their falsities? We still don’t even have a judge. Delta has now filed three legal documents, despite their having won this phase, for what reason?
HELP REQUESTED
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2 Comments
This motion reflects yet another attempt to delay and deflect from the core issues raised. When safety concerns are brought forward by a qualified professional, the focus should be on resolution—not resistance. The aviation industry must be held to the standards it claims to uphold.
So very true. And it would be so easy to do the right thing… so we have to wonder why they are not upholding those standards. Thank you for the comment.