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http://www.thestreet.com/newsanalysi.../10387758.html

"Despite a judge's ruling that it must pay a competitor $80 million, Mesa Air (MESA - Cramer's Take - Stockpickr - Rating) CEO Jonathan Ornstein says his subsidiary go! will keep flying between the Hawaiian islands.

Why? Because, he says, "It's a shame to let the bad guys win."

Earlier this week, Honolulu Bankruptcy Court Judge Robert Faris said Mesa must compensate Hawaiian Airlines (HA - Cramer's Take - Stockpickr - Rating) because it misused confidential information it obtained as a potential acquirer of Hawaiian in 2004. The amount Mesa must pay covers damages from when go! began operating in June 2006 through October this year.

The barriers to go!'s continued operation are significant, because it is conceivable that Mesa could incur additional damages. Additionally, Mesa is dedicating five airplanes to a money-losing venture in Hawaii at a time when it faces severe pilot attrition, as its pilots -- like those at other regional airlines -- are rapidly being hired away by higher paying carriers.

The court did not award damages for any loss Hawaiian may sustain going forward, nor did it agree to bar go! from selling tickets for one year. However, "The judge left open the possibility to pursue damages going forward," said Hawaiian CEO Mark Dunkerley, in an interview.

Ornstein says it is important to stay in Hawaii because, "if we were to leave, the fares would go right back to where they were the day we got there -- a hundred dollars-plus for a 20-minute flight." Current fares are around $39. "In the long run, we will carve out a niche there, operate profitably, and serve the people of Hawaii," he says."