Comair updates?
02-02-2009 | 06:22 AM
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From: CRJ Seat 13D
I think Mesa has this one in the bag as well. Delta would have to present a pretty compelling case, especially with Mesa threatening BK should the ruling go in favor of Delta. I don't think any judge would want to put more people on the street in this type of environment, even though a win for Mesa would just mean more Comair pilots on the street.
02-02-2009 | 06:23 AM
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From: "if it's got wings, I can crash it".
Doesn't matter. We're screwed regardless of the outcome. Right now I totally regret wishing DL wouldn't sell Comair when they were hawking the company around. Even though there were no takers, I feel ashamed for wishing that. We may have had a better chance as an independent company.
02-02-2009 | 06:29 AM
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From: awkward & cramped
I agree. It would be better to go out fighting and having caring employees like ACA/FlyI than wasting away in the Delta cancer ward.
By the way, when the opinion does come out (probably affirming the Mesa injunction), it will be posted on the Eleventh Circuit Court - Atlanta website.
By the way, when the opinion does come out (probably affirming the Mesa injunction), it will be posted on the Eleventh Circuit Court - Atlanta website.
02-02-2009 | 07:02 AM
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From: Popsicle Logic
I think Mesa has this one in the bag as well. Delta would have to present a pretty compelling case, especially with Mesa threatening BK should the ruling go in favor of Delta. I don't think any judge would want to put more people on the street in this type of environment, even though a win for Mesa would just mean more Comair pilots on the street.
02-02-2009 | 07:07 AM
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From: Upright and Locked
Exactly. And since when did things like unemployment enter into the way a judge makes a LEGAL decision.
02-02-2009 | 07:17 AM
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From: CRJ Seat 13D
Agree completely, but the fact that Mesa weasled their way into an injunction when it's obvious their performance stinks leads me to believe it's not going to be as simple as "did they violate the contract or not".
02-02-2009 | 07:46 AM
Line Holder
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From: Furloughed
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.
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.
02-02-2009 | 07:51 AM
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From: blueJet
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