Originally Posted by
Reds
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.
Maybe Mesa will get lucky and the judge is one of those many "mishandled" Delta passengers, and he holds a grudge.
Anyways back to reality,..
The judge was quoted in saying something along the lines of not wanting to make a ruling right then and there that would put a company out of business, and people on the street..without first going to court. (I can't find the article, but i remember reading an article with the judge talking about it)
As i recall, Mesa came to the injunction court date over the summer with NOTHING aside "if we lose this flying, we'll go out of business". They had no performance data to show that day.
THAT is the only reason the injunction was filed. I do not see Mesa winning this.
Delta wouldn't pursue this in court, if they didn't feel they would win, and Mesa HAS to pursue it in court, because they have NO CHOICE.