In the courtroom.
11-18-2023, 11:57 AM
#221
Gets Weekends Off
Joined APC: Mar 2017
Position: Student of the game
Posts: 1,026
DOJ expert witnesses are due on the stand any day and according to their depos they don't agree that Jetblue is a maverick or disrupter in the industry. The minor problem is that the DOJ argued this very point in the NEA case and won.
The motion lays out pretty clearly why this is an issue in an argument.
The motion lays out pretty clearly why this is an issue in an argument.
11-18-2023, 12:58 PM
#222
Gets Weekends Off
Joined APC: Mar 2006
Position: guppy CA
Posts: 5,171
Go to:
Boston Daily court Schedules
Monday Nov 20.
Page 4.
Judge Young, Courtroom 18
9AM
However, that schedule was published before the weekend and I doubt anyone's working to update the schedule over the weekend.
This week was supposed to be DOJ's expert witnesses.
Motion 167 forces the DOJ to stick to their experts' testimony from the NEA case which stated something along the lines that JBLU is a price disruptor.
Here's a quick definition of estoppel which should help clarify this a bit more:
What Is Estoppel? The term estoppel refers to a legal principle that prevents someone from arguing something or asserting a right that contradicts what they previously said or agreed to by law. Put simply, estoppel prevents one person from contradicting an action or statement from the past.
So, it doesn't surprise me that the Judge would cancel the 20th and 21st (only trial dates scheduled for next week) to allow this to be settled. Bottom line: if your email is correct, then you can expect a settlement to be announced next week.
Is it possible for someone to post a bit more detail on this email? Did it come from Spirit's legal dept or someone in senior management?
If someone PMs me a copy of it, I'll do my best to analyze it and post my opinion.
11-18-2023, 12:58 PM
#223
The REAL Bluedriver
Joined APC: Sep 2011
Position: Airbus Capt
Posts: 6,920
Eventually, the court must address motion 167. The fact it has taken two months to getting around to addressing it should come as no great surprise considering there were 166 previous motions that preceded it. If you read motion 167 it is apparent that it addresses the issue that the DOJ does not want the testimony they themselves used in the NEA case used against them in this trial but it is even more than that. While JetBlue is not appealing the NEA decision, AAL is.
This puts the DOJ in the position of either having to refute their own NEA testimony (with that appeal still pending) or having to allow that testimony to be used by JB to refute the basis for this trial - which will then be used against them in the appeal. Basically, unless DOJ IS allowed to exclude their NEA testimony they are likely to lose one or even BOTH of their cases.
Thus the judge must either condone the DOJ doublespeak without allowing the NEA transcripts to be entered in evidence (and opening an avenue of appeal to this case if he were to decide against the acquisition) or allow them to be entered in which case it becomes obvious that - in AT LEAST ONE of the cases, DOJ was lying.
It's pretty obvious the judge is trying to signal to DOJ that they'd better cut a deal and settle this because he isn't about to sacrifice his integrity (or be overturned on appeal) to attempt to salvage the appearance of integrity for the DOJ - especially since they picked this fight. Whether politics allows them to do that is another story.
This puts the DOJ in the position of either having to refute their own NEA testimony (with that appeal still pending) or having to allow that testimony to be used by JB to refute the basis for this trial - which will then be used against them in the appeal. Basically, unless DOJ IS allowed to exclude their NEA testimony they are likely to lose one or even BOTH of their cases.
Thus the judge must either condone the DOJ doublespeak without allowing the NEA transcripts to be entered in evidence (and opening an avenue of appeal to this case if he were to decide against the acquisition) or allow them to be entered in which case it becomes obvious that - in AT LEAST ONE of the cases, DOJ was lying.
It's pretty obvious the judge is trying to signal to DOJ that they'd better cut a deal and settle this because he isn't about to sacrifice his integrity (or be overturned on appeal) to attempt to salvage the appearance of integrity for the DOJ - especially since they picked this fight. Whether politics allows them to do that is another story.
Hoping the rumors of a settlement pan out this week, or soon.
11-18-2023, 01:21 PM
#224
Gets Weekends Off
Joined APC: Sep 2014
Position: Da Bus, Left
Posts: 1,549
Why they chose the word "expected"??
11-18-2023, 01:46 PM
#225
Gets Weekends Off
Joined APC: Mar 2006
Position: guppy CA
Posts: 5,171
Sounds like settlement.
11-18-2023, 02:11 PM
#226
Gets Weekends Off
Joined APC: Jan 2016
Posts: 170
Look at the Massachusettes Federal Court interactive calendar and pull up Judge Young. Court back in 11/20 and 11/21
11-18-2023, 02:13 PM
#227
Gets Weekends Off
Joined APC: Jan 2016
Posts: 170
Not to be all conspiracy, but if you look at Judge Young's schedule for 11/27 and 11/28 it shows potential time conflict with jury criminal cases which is strange since on the record in the Jetblue matter they blocked out the mornings of 11/27, 11/28, off 11/29, 11/30, 12/1, 12/4 and finally 12/5
11-18-2023, 04:09 PM
#228
Gets Weekends Off
Joined APC: Sep 2017
Position: NK CA
Posts: 840
Not to be all conspiracy, but if you look at Judge Young's schedule for 11/27 and 11/28 it shows potential time conflict with jury criminal cases which is strange since on the record in the Jetblue matter they blocked out the mornings of 11/27, 11/28, off 11/29, 11/30, 12/1, 12/4 and finally 12/5
I only see the 27th on this one. My guess is just a place holder until they settle on afternoon time slots. However an NK email we got yesterday said don't expect any updates and that the trial is expected to resume the 27th. But on that schedule from the link I posted shows the 20th and 21st scheduled. Very confusing.
11-18-2023, 05:09 PM
#229
Gets Weekends Off
Joined APC: Mar 2006
Position: guppy CA
Posts: 5,171
After looking at the internal Spirit message, I'm not going to read anything into it. I am just going to assume the author of it has no idea of what the actual court schedule is.
We'll have to wait until Monday to see if anything happens.
We'll have to wait until Monday to see if anything happens.
11-18-2023, 05:42 PM
#230
Gets Weekends Off
Joined APC: Sep 2017
Position: NK CA
Posts: 840
That's usually how our emails go lmao
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