The statement was made in a formal court filing as a defendant in a lawsuit. In that situation, you say anything and everything that might support your case.
If you run over a 95 year-old woman who wanders into traffic in front of your car, your insurance company is going to do whatever it takes to defend you in a lawsuit -- regardless of how badly the woman's family might be offended when the court filings make her seem like an addled, drunken old bag.
Problem is when the lawsuit is basically a discrimination case what you definitely don’t say is anything that sounds discriminating. Especially when he had 2 real solid arguments: CBA, and revenue discrepancy. Never let your mouth run in court, short well thought out sentences. As soon as you start waxing prosaic you’re gonna get bit.