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A few details on the injunction against Delta..

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Old 06-27-2008, 09:08 AM
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Default A few details on the injunction against Delta..

This judge spells out the details on his decision on the injunction against Delta. It seems there was cause to believe that Delta tried to pull a fast one on Mesa.

This may also be good news for Pinnacle. They are ready to argue that Deta tried to set them up as well.

Things may not be going so well in court for Delta these days as they are having second thoughts on cancelling the contract with Pinnacle.

Please read:
Judge details injunction against Delta: Financial News - Yahoo! Finance
.

Last edited by BigToe; 06-27-2008 at 09:47 AM.
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Old 06-27-2008, 09:13 AM
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They can't beat the neighbors kid, but they can beat their own without any problem.
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Old 06-27-2008, 10:31 AM
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While I hate to see any news that helps JO, it's becoming obvious DAL was setting up both Mesa and Pinnacle for failure.
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Old 06-27-2008, 10:33 AM
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From the story:

Delta says it can terminate Freedom's contract if the regional carrier fails to maintain at least a 95 percent completion rate for three months within a six-month period.
But Cooper noted in his order that Mesa was under the impression that it could exclude some flight cancelations from JFK in its official completion rate. While Delta knew Mesa was doing this, Delta didn't tell Mesa that it would calculate completion differently. The judge wrote that when Mesa Chief Executive Officer Jonathan Ornstein asked Delta's Chief Operating Officer Jim Whitehurst about moving a significant number of flights to cancel-prone JFK, Whitehurst said, "We're not trying to screw you with the move.... It's not our intention to penalize you for moving up to JFK."

It doesn't matter what Delta says. It only matters what the contract says.

BTW great reporting..... see if you can spot the misspelling. Way to go AP!

Last edited by Deez340; 06-27-2008 at 10:50 AM.
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Old 06-27-2008, 10:36 AM
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Originally Posted by Deez340
From the story:

Delta says it can terminate Freedom's contract if the regional carrier fails to maintain at least a 95 percent completion rate for three months within a six-month period.
But Cooper noted in his order that Mesa was under the impression that it could exclude some flight cancelations from JFK in its official completion rate. While Delta knew Mesa was doing this, Delta didn't tell Mesa that it would calculate completion differently. The judge wrote that when Mesa Chief Executive Officer Jonathan Ornstein asked Delta's Chief Operating Officer Jim Whitehurst about moving a significant number of flights to cancel-prone JFK, Whitehurst said, "We're not trying to screw you with the move.... It's not our intention to penalize you for moving up to JFK."
Legally, whether with this judge or on appeal it doesn't matter what Mesa's impression was. Only if that impression comes from language in the contract. Furthermore it's not Delta's responsibility to aid Mesa in there impressions.
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Old 06-27-2008, 10:37 AM
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I'm still raising the B.S. flag! They're not getting booted for cancelations enforced by Delta, they're getting booted for controllable cancellations such as crew and mx cancellations. Mesa/Freedom, didn't have the manpower to man the flights and the spares to fix the Mt. Everast size heap of MEL's on their a/c.
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Old 06-27-2008, 10:43 AM
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i really do think delta is setting people up. like i said in a previous post delta is starting to show their true colors. their starting to act like nw management (wonder why? ). in about a month we are going to see the real delta and how they don't intend to keep any of their promises about the merger, ie people keeping their jobs and no layoffs, etc etc. delta might blow this merger before it ever gets approved.
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Old 06-27-2008, 10:45 AM
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Originally Posted by Deez340
From the story:

Delta says it can terminate Freedom's contract if the regional carrier fails to maintain at least a 95 percent completion rate for three months within a six-month period.
But Cooper noted in his order that Mesa was under the impression that it could exclude some flight cancelations from JFK in its official completion rate. While Delta knew Mesa was doing this, Delta didn't tell Mesa that it would calculate completion differently. The judge wrote that when Mesa Chief Executive Officer Jonathan Ornstein asked Delta's Chief Operating Officer Jim Whitehurst about moving a significant number of flights to cancel-prone JFK, Whitehurst said, "We're not trying to screw you with the move.... It's not our intention to penalize you for moving up to JFK."
Yea, Ornstein is the pillar of truth and honesty. Unless he can prove that the conversation took place it's worthless in the end. Even if he could the only thing that will matter is what's in black and white. I for one don't believe for second that someone as slick as JO would risk millions on an undocumented conversation. He would demand a written addendum explicitly spelling out the omission of the cancellations from the calculation.

I'm going to see if I can find the judge's full opinion. Remember this is only an injunction. If Delta loses the case based on what is in this article it would most certainly be overturned on appeal.

Last edited by Deez340; 06-27-2008 at 11:35 AM.
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Old 06-27-2008, 10:48 AM
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Originally Posted by Airsupport
i really do think delta is setting people up. like i said in a previous post delta is starting to show their true colors. their starting to act like nw management (wonder why? ). in about a month we are going to see the real delta and how they don't intend to keep any of their promises about the merger, ie people keeping their jobs and no layoffs, etc etc. delta might blow this merger before it ever gets approved.
like cvg and mem shutting down?
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Old 06-27-2008, 10:49 AM
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Originally Posted by Killer51883
like cvg and mem shutting down?

yeah and a bunch of people at asa, comair, and skywest are about to lose their jobs...
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