Old 01-18-2024 | 11:30 AM
  #41  
dera
In a land of unicorns
 
Joined: Apr 2014
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From: Whale FO
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Originally Posted by rickair7777
Very unlikely.

1. SCOTUS gets a lot of petitions, and rejects the vast majority, even ones which seem to have some merit.

2. I don't think this case has any obvious controversy on point of law or the constitution, unless maybe somebody thinks the current court might be willing to over-turn a great deal of precedent on anti-trust.

3. It would have to go to federal appeals court first, and lose there. You can't go straight to SCOTUS anytime you don't like a ruling. The case was federal right? State courts wouldn't be part of that.

No, ALPA isn't a party to the case. No standing to appeal anything. ALPA could maybe sue the DOJ, on some grounds which I can't think of offhand.
ALPA could file an amicus curiae brief. I think Spirit/jetBlue should play the "company in distress" card in their appeal, and call Helane Becker from TD Cowen as an expert witness. The judge dismissed that angle based on Spirit execs testimony that they have a "plan to profitability".
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