Donna M. Melby

As Melby continues to manage and litigate a massive nationwide race discrimination, retaliation and breach of contract case filed against client United Airlines Inc. and other air carriers nearly five years ago by 21 African-American pilots and two operations supervisors, the wins keep piling up.

“About three-quarters of the cases have now been dismissed with no payments by United,” Melby said.

On Aug. 25, Melby faced off in court against three law firms representing one of the plaintiffs in the Eastern District of Virginia. U.S. District Judge Leonie M. Brinkema of Alexandria, Virginia rejected the three firms’ motion to vacate or amend her earlier grant of summary judgment to Melby’s client. Brinkema also granted United about $50,000 in fees and costs in the case. Haynie v. United Airlines Inc., 1:15-cv-00625 (E.D. Va., filed May 11, 2015).

The lead plaintiff’s counsel in that case was Florida superstar litigator Willie E. Gary of Gary, Williams, Parenti, Watson & Gary PLLC of Stuart, Florida who had earlier written Melby to introduce himself, enclosing a local newspaper article terming him “The Giant Killer” for his reputation of hauling big corporations into court. At the August hearing, “Interestingly, Mr. Gary was present in court but didn’t say anything,” Melby reported.

In another of the Virginia cases, U.S. District Judge Anthony Trenga granted Melby’s client summary judgment. There she faced a different set of three firms for the plaintiff. Trenga has two more summary judgment motions under submission in two more cases, Melby said.

Originally filed as a single suit in the Northern District of California, Melby successfully moved to sever the case into individual actions, which were moved to four additional district court venues besides California: the Eastern District of Virginia, the District of New Jersey, the Southern District of Texas, the Northern District of Illinois.

In early September Melby was readying herself for a status conference in one of the Illinois cases, meaning a trip to Chicago and another set for San Francisco. “So far the case has involved grueling travel but happily full success,” she said. “I don’t know how many frequent flyer miles I have.” She has piled up so many miles — mostly on United, she noted — that she has plenty available when family members need help with travel plans.

“I’m looking forward to a vacation myself,” Melby said. “But I don’t know when it will be.”

— John Roemer