According to Mesaba, the evidence establishes that, throughout the night, ExpressJet dispatchers intended to continue the flight to Minneapolis and wanted the aircraft to be able to depart promptly if the weather-window cleared. For example, Mesaba points out that when the Mesaba station manager unambiguously asked the ExpressJet dispatcher in a recorded conversation at 4:44 a.m. whether ExpressJet wanted the passengers deplaned, the dispatcher rejected this offer and stated his intention to try to complete the flight. Similarly, Mesaba states that the evidence demonstrates there was an ongoing argument between ExpressJet dispatchers and the ExpressJet crew concerning whether the flight should be cancelled, until approximately 5:45 a.m., when ExpressJet dispatchers finally determined that the flight crew would exceed their duty time limitations. Mesaba contends that ExpressJet’s acts and omissions demonstrate an indifference to its own passengers and that ExpressJet should not, as a matter of sound aviation policy, be...

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