Gailen David Loses Legal Dispute Losing Settlement or Victory
After eight months a dispute connected to fired flight attendant and Association of Flight Attendants (AFA-CWA) activist, Gailen David, has ended. The plaintiffs in the matter have decided to end the legal matter because Gailen David has obtained legal insurance which covers his costs and expenses for any case of defamation, allowing him to say anything and battle endlessly.
However, the plaintiffs have stated they've exited the dispute satisfied with the results. The team had offered David a few different settlement offers, knowing the cost to settle would be cheaper than the cost of legal fees, however, David declined to respond to or accept any of the offers. Each offer contained a monetary payment and return or exchange of items he wished to recover. With the court stating that En Pointe and its principle members had a substantial likelihood of success on the merits in the underlying litigation between the Parties, and with key evidence uncovered, the decision was made to end the dispute. Doing so saved the company money allowing it to continue and left David without a material settlement.
In a series of written responses to questions, Gailen David admitted to owning and authoring a series of allegedly defamatory and harassing blog posts which he previously denied. During a preliminary hearing in August 2020, Gailen David appeared in court without representation and when questioned by the Judge, stated he didn't own the website in which the articles appear and stated he was merely "quoted" in news stories. However, when asked through interrogatories whether or not he owned and published the content he replied, "admit."
In the documents, an attorney for Gailen David says that David admits to sending his former colleagues the email: "“I expect to be unblocked by all of you today on cellular phone, Facebook Messenger. Otherwise, I’ll pass communications to you through your friends, family, business associates, etc…”" The statement alludes to the actions which followed, in which he created Twitter accounts that sent numerous messages, a keystone focus of this case, to his former colleagues and their personal and business contacts on the platform. Gailen David admitted to creating each Twitter account in question and also admitted to authoring "all posted tweets" from each account.
Before filing the written answers, David's attorneys filed a motion for a Confidentiality Order. Sources say the order was desired to protect conversations between David and AFA-CWA President Sara Nelson. The court denied the motion and messages from Nelson were handed over through discovery which included conversations about the AFA-CWA continuing to pay David as a consultant following the claims made against him.
Since the case has been dismissed, David has sent letters from his attorneys to anyone who posts information that disproves his story in an effort to ensure his relationships and role as a union activist stays intact.
The plaintiffs have put the matter to rest and have stated they're moving on with the company and their lives adding that they will not entertain further communications with or about the defendant.
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