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Old 01-24-2009 | 08:19 AM
  #51  
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Reds
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Originally Posted by ToiletDuck
That's exactly what you can do. An injunction is not a court ruling. Mesa basically said "We have a contract. DAL can't just cancel on us." Mesa was right in that aspect. So the judge said "okie dokie go out and get documentation proving that and come back and see me in Feb."

That's all. There has yet to be any determination of who is right or wrong. All they did was have a "pre-hearing" to see if it was even worth going to court over. Mesa will crumble one way or another. A company that can't even pay it's notes doesn't stand a chance against the biggest airline in the world.
I'm no lawyer, but DENpilot made a valid point in reference to the preliminary injunction. Mesa would have presented some kind of 'evidence' (used losely around JO's crew, no offense to Mesa pilots) that would justify/merit Mesa's rights (link: Preliminary injunction - Wikipedia, the free encyclopedia).
The court granted the preliminary injunction because the purpose of the hearing was not to substantiate the claims at that point in time, it's a temporary hold until the court hears the full case and watches each side draw arms to blow holes in the other.

Disclaimer: the following is my objective opinion. No doubt Delta has muscle and will be flexing during the case being held in the ATL, home field advantage to start things off. Detla clearly wants to terminate the contract and if I was a betting man... then the question is whether Mesa's mismanagement can keep them afloat, according to Mesa's own 10-K they do not have the operating cash flows or working capital to pay for parked ERJ's.