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Old 01-18-2024 | 11:30 AM
  #41  
In a land of unicorns
 
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From: Whale FO
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Originally Posted by rickair7777
Very unlikely.

1. SCOTUS gets a lot of petitions, and rejects the vast majority, even ones which seem to have some merit.

2. I don't think this case has any obvious controversy on point of law or the constitution, unless maybe somebody thinks the current court might be willing to over-turn a great deal of precedent on anti-trust.

3. It would have to go to federal appeals court first, and lose there. You can't go straight to SCOTUS anytime you don't like a ruling. The case was federal right? State courts wouldn't be part of that.

No, ALPA isn't a party to the case. No standing to appeal anything. ALPA could maybe sue the DOJ, on some grounds which I can't think of offhand.
ALPA could file an amicus curiae brief. I think Spirit/jetBlue should play the "company in distress" card in their appeal, and call Helane Becker from TD Cowen as an expert witness. The judge dismissed that angle based on Spirit execs testimony that they have a "plan to profitability".
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Old 01-18-2024 | 11:32 AM
  #42  
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From: NK CA
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Originally Posted by rickair7777
Very unlikely.

1. SCOTUS gets a lot of petitions, and rejects the vast majority, even ones which seem to have some merit.

2. I don't think this case has any obvious controversy on point of law or the constitution, unless maybe somebody thinks the current court might be willing to over-turn a great deal of precedent on anti-trust.

3. It would have to go to federal appeals court first, and lose there. You can't go straight to SCOTUS anytime you don't like a ruling. The case was federal right? State courts wouldn't be part of that.




No, ALPA isn't a party to the case. No standing to appeal anything. ALPA could maybe sue the DOJ, on some grounds which I can't think of offhand.
Very good counter points. With the suppreme court being majority conservitive now and perhaps with enough stink about Spirit possibly going away anyway it could compell them enough to hear the case. Again all wishful thinking.
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Old 01-18-2024 | 01:21 PM
  #43  
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Originally Posted by Lincoln Osiris
Very good counter points. With the suppreme court being majority conservitive now and perhaps with enough stink about Spirit possibly going away anyway it could compell them enough to hear the case. Again all wishful thinking.
You do realize that the judge in the case is a conservative judge that was appointed by Reagan, right? I don't think conservative vs. liberal plays into the mertis of the case. Sure the DOJ brought it, but who knows if another entity like another airline would not have done the same had the DOJ not beat them to it.
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Old 01-18-2024 | 01:40 PM
  #44  
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Originally Posted by BusBoi
Spirit and JetBlue may already have a friendly agreement behind the scenes on this.
uh, the bankruptcy court might have something to say about such an arrangment.
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