keenster

Here is my bet on the award of SEA er a positions. Just for fun my guess is that it goes 61% DAL-S and 39% DAL-N. Just my guess. Looking for comments. What do you think Denny?

Professor

Dude, its not one...single....post.

Just take it as constructive criticism. Seriously.

I'm sure you are a good dude, it just gets old to see guys who really do know something about Momma D and/or what is going on communicate in condescending tones, barely masked disgust and incredibly unfunny sarcasm.

Sharing viewpoints in a constructive matter and communicating arguments w/o the SNARKY Master Caution on AND flashing, will only help educate people who read this unGodly long thread and hopefully help form consensus on what is and is not important in our '12 contract.

You are one of those dudes that can help educate.

Professor

GJ,

it's not PG's one post, at all.

and its hard to get panties in a wad when i rarely wear underwear.

that and insert a random mom joke here.

prof

alfaromeo

There were two parts to the trial. Delta wanted back payments for amounts that Mesa overbilled. The other part was Delta wanting out of the contract based on non-completion factor. Did they win that one too?

slowplay

Alfa,

This is copied from another forum It is supposedly written by Jonathan Ornstein from Mesa Air Group.


It is with extreme disappointment and a heavy heart that I share the following news with you. Earlier today we received notice that Judge Cooper in Atlanta had effectively reversed his earlier decision and ruled against us in the Delta litigation. Needless to say we are all very surprised that the judge determined Delta had the right to terminate our agreement solely on the basis that, in good faith and as good partners, we cancelled our flights at their request to make way for their flights during periods of irregular ops. We, the company and our people, are effectively being “punished” retroactively because we did what they asked us to do. I can tell you without equivocation that I was told directly by their Chief Operating Officer that cancellations we took at their request would not be held against us. This individual testified he said that as well. I am truly at a loss as to how this outcome is the intent of the law. Below you will find a press release that will be issued shortly.



We are in the process of evaluating our options and have not determined how this decision will impact the company. We will keep you fully informed as more information becomes available. In the mean time, we can only focus on those areas within our control by continuing to run a safe, on time airline in the service of our code share partners. I would like to thank each of you, and in particular our people at Freedom for your outstanding work through the very difficult environment we have experienced over the last two years. In spite of what we believe to be an incorrect decision by the Court, I remain as confident as ever that your professionalism and dedication will provide a strong foundation for the future and will serve as the basis for our return to success. As always feel free to contact me if you have any questions.



Most sincerely,



Jonathan

iaflyer

I haven't seen the verdict on the lawsuit, but over in the Regional forum, there's a post with a company memo from Ornstein. It says that they are amazed they lost, and JO specifically mentions the testimony of a Delta COO about "not counting the cancellations", and surprised that even with that testimony they lost. I think the cancellations stuff was a key part of the non-completion cancellation lawsuit, so I think Mesa lost that one too.

Maybe someone with PACER access can drum it up.

Edit: here's the press release:

PHOENIX, May 17 /PRNewswire-FirstCall/ -- Mesa Air Group, Inc. (Nasdaq:MESA - News) announced today that the United States District Court for the Northern District of Georgia ruled against the Company's subsidiary Freedom Airlines in its litigation with Delta Air Lines regarding Delta's efforts to terminate an agreement covering 22 regional jet aircraft. The litigation stemmed from Delta's asserted termination of the Freedom Airlines agreement based upon flights canceled at Delta's request, during periods of operational irregularity (bad weather and ATC delays) at JFK in order to make way for Delta's larger jets, which were then retroactively held against Freedom for purposes of calculating its minimum flight completion factor. Based upon this retroactive calculation, the Court had issued a preliminary injunction in June 2008 prohibiting Delta from terminating the agreement. In reaching its decision today, the Court reversed its prior preliminary injunction preventing Delta from terminating the agreement. The Company is in the process of reviewing the Order and evaluating options going forward. Mesa has not yet reviewed its options for appeal.

"We are extremely disappointed by the District Court's decision. We have at all times sought to act as a good partner and work with Delta as a member of Delta Connection. Unfortunately Freedom's willingness to proactively cancel flights in JFK at Delta's request for the benefit of Delta was held against Freedom and was used as the sole basis to terminate our contract. It is disheartening that our Company and people will be punished retroactively for taking actions in good faith at Delta's direction," said Jonathan Ornstein, Chairman and Chief Executive of Mesa Air Group.

"We are greatly concerned for our approximately 500 employees who will be significantly impacted as a result of this decision, despite their hard work and commitment which has placed Freedom's operation at or near the top of the Delta Connection portfolio over the last year. The loss of these jobs, particularly under these circumstances is extremely disappointing. I would like to thank all of the employees at Freedom for the outstanding job they have done over the last two years under extremely difficult circumstances," continued Mr. Ornstein.

RiddleEagle18

edit edit edit

BigGuns

Here is a link to the new report....

Mesa Air Group, Inc. Comments on Recent Court Proceedings - Yahoo! Finance

BigGuns

Maybe if they had been operating "...at or near the top of the Delta Connection portfolio..." before the termination was enacted, they would not have been dropped in the 1st place.

keenster

Question for the contract/scheduling gurus out the. We used to do DTW-NGO-DTW in 3 days with a 15:45 layover. What rule or part of the contract requires it to be a 4 day trip now. Just want to know why I am sitting around an extra day here in Japan now. Getting tired of sushi.