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.
The injunction had nothing to do with evidence, it's about time. The judge granted the injunction because if he hadn't MESA wouldn't be around to go to trial. The injunction allowed MESA to continue business long enough to be present for the trial. Without the injunction MESA would have been force to file BK.
OO.