Thread: Comair updates?
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Old 02-02-2009 | 07:46 AM
  #12049  
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airdog
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The appeal is limited to the issue of whether the trial judge should have issued a temporary injunction preventing Delta from canceling the contract. A ruling for Mesa would only keep the injunction in place. Delta could still ultimately prevail in a trial.

If Delta wins, they have the option to cancel the contract.

Delta has several factors that could help them. In a civil case it takes extraordinary facts to justify an injunction on a commercial matter. I

Also, the trial judge considered a lot of oral and email evidence to conclude the contract was modified, and therefor the injunction should be issued - the law hates non-written evidence on contracts (know as the parole evidence rule). This is another weak part of Mesa's case which may impact the court's decision.
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