nkops
Posts: 2161
Joined: Fri Jun 03, 2005 10:09 am

NK Suit Against NW Re-instated

Mon Nov 14, 2005 2:25 am

http://www.startribune.com/stories/535/5718038.html

I remember this case from years ago... didn't even realize it was in Court of Appeals... It should be interesting to see the outcome of this case.
:evil:
 
srbmod
Posts: 15446
Joined: Tue Mar 20, 2001 1:32 pm

RE: NK Suit Against NW Re-instated

Mon Nov 14, 2005 2:40 am

IF NK were to win this case, what would they get in terms of a financial settlement, some paid for DC-9s? If this case does go to trial and NW loses the case and has to pay NK, they'd probably have to settle for pennies on the dollar, as they'd be lower down on the creditors list.
 
northwestair
Posts: 514
Joined: Thu Jul 05, 2001 11:25 am

RE: NK Suit Against NW Re-instated

Mon Nov 14, 2005 2:44 am

You can say the same thing about Indy Air. They were selling tickets below cost. Even NK sells tickets below cost to try to under cut the competition.
I don't care who you fly just as long as you fly
 
nkops
Posts: 2161
Joined: Fri Jun 03, 2005 10:09 am

RE: NK Suit Against NW Re-instated

Mon Nov 14, 2005 2:50 am

I vaguely remember the DTW-BOS and DTW-PHL routes (before my time here), so I don't know how this came about. I imagine at this point a settlement would probably be just enough to cover legal fees if that.

Quoting Srbmod (Reply 1):
IF NK were to win this case, what would they get in terms of a financial settlement, some paid for DC-9s?

We can park them in the desert next to our other DC-9's.
:evil:
 
NWAFA
Posts: 1843
Joined: Wed Dec 31, 2003 10:30 pm

RE: NK Suit Against NW Re-instated

Mon Nov 14, 2005 9:53 am

Oh please, another Silly thing that Spirt is trying again..they think they can do somthing because of the BK, but they will loose once again like they always have.
THANK YOU FOR FLYING NORTHWEST AIRLINES, WE TRULY APPRECIATE YOUR BUSINESS!
 
nkops
Posts: 2161
Joined: Fri Jun 03, 2005 10:09 am

RE: NK Suit Against NW Re-instated

Mon Nov 14, 2005 10:20 am

Quoting NWAFA (Reply 4):
Oh please, another Silly thing that Spirt is trying again..they think they can do somthing because of the BK, but they will loose once again like they always have.

Relax.... I'm not saying we should win, besides this whole thing came about before NWA was in Bankruptcy. I personally think every airline predatory prices to protect their own turf. The purpose of my posting was that I was surprised this was still going on, I hadn't heard about this case in about 3 years and assumed it was dead. What else has Spirit lost???
:evil:
 
F27XXX
Posts: 617
Joined: Fri Oct 22, 2004 6:53 pm

RE: NK Suit Against NW Re-instated

Mon Nov 14, 2005 3:00 pm

Quoting NWAFA (Reply 4):
Oh please, another Silly thing that Spirt is trying again..they think they can do somthing because of the BK, but they will loose once again like they always have.

Interesting comment from someone who works for NW - an airline that turned into one of the biggest embarassments in the airline industry.

Looks to me like Spirit is the one that's flying high right now -- and has been for quite a while. I don't recall Spirit failing at very many routes - while i can rattle off a page full of routes NW has failed on.

NWAFA will be swallowing her words soon when she's at her Spirit cattle call, i'll bet.
I'M BAAAAAAAACK!
 
727LOVER
Posts: 6805
Joined: Tue Oct 09, 2001 12:22 am

RE: NK Suit Against NW Re-instated

Tue Nov 15, 2005 3:11 am

Quoting F27XXX (Reply 6):
I don't recall Spirit failing at very many routes

I'm not taking sides, but just wanted to point out, NK used to serve:

DEN
EWR
BOS
OAK
MLB
CLE
PHL
ISP
DCA-are they back here?

So for their size, the have dropped a lot of routes.
"We must accept finite disappointment, but never lose infinite hope." - Martin Luther King, Jr.
 
nkops
Posts: 2161
Joined: Fri Jun 03, 2005 10:09 am

RE: NK Suit Against NW Re-instated

Tue Nov 15, 2005 3:16 am

I agree...we've tried our share of routes that haven't worked... who hasn't??? We pulled out of DCA after 9/11 because of no timetable for re-opening the airport, but then set-up ops there again.... but the rest you are correct on..
:evil:
 
D L X
Posts: 11701
Joined: Thu May 27, 1999 3:30 am

RE: NK Suit Against NW Re-instated

Tue Nov 15, 2005 3:28 am

This is interesting, from a legal standpoint.

If it's not clear from the article (and I don't think it really is), this isn't over. What happened was the District Court (the first level) said that given the evidence the two sides had presented, even if they believed everything Spirit was saying, they had no reasonable chance at winning. (In other words, "Spirit, call off your dogs, save your money, you're not going to win.")

The Court of Appeals for the Sixth Circuit isn't the last stop in this case, and often cases involving big companies like this go back and forth between the Circuit and the District courts many times. The Circuit courts simply doublecheck the Districts to make sure they got the law right. It's almost like looking at the instant replay in the NFL. The Sixth Circuit said, "hold on, they might win." So, upon further review, it isn't so obvious as the District thought that Spirit won't win. So, "Spirit, call up your lawyers again, and get ready for round two back at the District Court."

This may be far from over, but it's probably the case that Spirit will still lose the case. It's just that, according to the Sixth Circuit, it's not obvious.

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