Fri, Jul 03, 2009
Lower Court Found Delta's Primary Witness "Non-Credible"
Mesa Air Group, Inc. announced Thursday that the U.S. Court of
Appeals for the 11th Circuit has affirmed the preliminary
injunction against Delta Air Lines which prevented Delta from
terminating Freedom Airlines' Delta Connection Agreement covering
certain ERA-145 aircraft.
On May 29, 2008 the United States District Court for the
Northern District of Georgia issued a preliminary injunction
against Delta enjoining it from terminating the Agreement in place
between Freedom Airlines and Delta. Delta had sought to terminate
the Agreement based upon allegations that Freedom had failed to
meet certain operational performance requirements. In affirming the
District Court's decision, the Court of Appeals noted that Freedom
had shown a substantial likelihood of success on its claims and
that the District Court found testimony of Delta's primary witness
to be "non-credible." The Order granting a preliminary injunction
included the finding that Delta acted in "bad faith" in its attempt
to terminate the Agreement. The preliminary injunction will remain
in place while the case proceeds in the District Court. With both
the District Court and now the Court of Appeals finding that Mesa
has demonstrated a substantial likelihood of success on its claims,
Mesa looks forward to having this matter fully and finally resolved
at trial.
Commenting on today's ruling, Mesa Chairman and CEO, Jonathan
Ornstein said, "We are very pleased with the Court's Order
affirming the injunction issued by the District Court. We reaffirm
our commitment to offering the very best service to Delta and our
Delta Connection passengers. We would also like to thank our
dedicated employees who have continued to provide outstanding
service through this unfortunate case."
Freedom Airlines currently operates 22 50-seat ERA-145 aircraft
for Delta as Delta Connection.
Mesa operates as Delta Connection, US Airways Express and United
Express under contractual agreements with Delta Air Lines, US
Airways and United Airlines, respectively, and independently as
Mesa Airlines and go!.
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