and did so fearing those two would try to poach some, but not all of them. And that the scheduling agreement would make that easier for the leftover two to do. That is exactly what ended up happening.

To mitigate the concern about poaching the MWC required a poaching fee as consideration for them entering into the scheduling agreement with the LO2.

The uneven bargaining position argument seems lame to me. Granted I have to hand it to the LO2’s lawyers as it’s about the best argument that could have been crafted. But the MWC could have been just fine without the deal. They didn’t need it.

The hypocrisy of the LO2’s argument is the leftovers left behind in the MWC are in a very similar position to the one the LO2 was in just a little while ago. They refused to budge and got their money. Now they want to weasel out when the tables have turned a little.

If it weren’t for forum shopping and too many judges willing to yield to political considerations, I’d say the MWC leftovers were in a much better position.

As it stands, I predict they negotiate a lower payment.