Originally Posted by
TurboDog
I guess I just don't see it being that simple, or the judge would have ruled the first time. IMO Delta has manipulated each of the regionals at some point and I think this judge is seeing that. Last summer Comair didn't live up to Delta's perfomance numbers either. I think that Delta placing Mesa in JFK was a completely strategic move. I for one don't want to see Mesa stick around, but I believe people in this country are going to be held accountable after this election. Delta has a contract with Mesa and I think the judge will make them honor that contract. United wants to get rid of Mesa as well, but do you see them doing anything. I believe they aren't making any moves, because even they don't think Delta will win this.
I don't disagree with your rationale, however an injuntion simply allows one party time to establish a case, discovery, etc. so that they can present all facts to the judge. IMO, once all facts are presented, Mesa still did not live up to the contract and breeched the terms. I don't disagree that BigD manipulated situations but in court, that will be next to impossible to prove beyond heresay or conjecture. Mesa would have to have solid, beyond a reasonable doubt, truths. The BIG difference between Mesa and Comair is that, for now, Delta was public as to their desire to see Mesa gone too. As for United, I think theirs is as simple as they can't afford, or don't want to pay for, the next best option at this time. Others (Cal, USAir) haven't wanted to merge with United after seeing their books for a very good reason. They are in bad shape.
I'll be watching this unfold as well.