Mesa wins latest round against Delta

Aviation International News » August 2009
July 27, 2009, 10:59 AM

A U.S. Court of Appeals last month affirmed the preliminary injunction that barred Delta Air Lines from ending Mesa Air Group’s Delta Connection agreement covering 22 Embraer ERJ 145s. A U.S. District Court issued the injunction in May of last year after Delta alleged that Mesa subsidiary Freedom Airlines failed to meet completion rate guarantees. However, the appeals court noted that Mesa “had shown a substantial likelihood of success” in its claims that Delta reneged on an agreement that it wouldn’t include certain flight cancellations at New York JFK Airport in Freedom’s total completion rate. According to the decision, Delta directed Freedom to cancel flights at JFK to make room for other, primarily mainline services, when weather or congestion limited departures. The preliminary injunction will remain in place while the case proceeds in the District Court.

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