Originally Posted by
Bucking Bar
The Judge reversed himself. Earlier he had stated Delta was in breach of an oral contract and that Delta was not credible. Then he ultimately decided that Delta could escape a contract, due at least in part, due to flight cancellations which Delta itself had requested.
Of course written contracts rule the day, but when the former COO comes in an testifies to a verbal modification, his story matches the allegations and Delta confesses to really sloppy management (creating an estoppel issue) I figured for sure Mesa had their case won.
Overall, only a small minority of plaintiffs ever win in Court. (Hence my excellent record) The Courts like the parties to work out their problems without intervention. The TRO gave Delta and Mesa time to work out their differences, but those differences turned out to be irreconcilable. IMHO, it first looked like an abusive husband, but then it turned out the wife was cheating on her billing to the tune of at least the 3 million. Divorce granted, Plaintiff, pay back the money you stole.
I am gathering from your post that the Judge was angry that Mesa was overbilling (criminal) and threw out the injunction which effectively makes the appeal to be heard in July a moot point. Had Mesa not acted in this way it would have proceeded to trial. Is that about right?