OB-CPO
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- May 29, 2004
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Mesa's 350 MIL is already down to $245 MIL since they started go!
Hawaiian is set to win a pivotal lawsuit in Hawaii which could send Mesa into Bankruptcy. Aloha has an even stronger case which goes to trial in April and could, effectively, give Mesa, "The final push".
In Todays Hawaii Advertiser
Hawaiian is set to win a pivotal lawsuit in Hawaii which could send Mesa into Bankruptcy. Aloha has an even stronger case which goes to trial in April and could, effectively, give Mesa, "The final push".
In Todays Hawaii Advertiser
[FONT=Times New Roman, Times, serif][SIZE=-1]If Hawaiian wins the suit, Mesa could be forced to cough up tens of millions of dollars in damages, making it difficult for the company to continue offering cut-rate ticket prices.
[/SIZE][/FONT][FONT=Times New Roman, Times, serif][SIZE=-1] Scott Hamilton, a Washington state-based aviation industry consultant, believes Hawaiian's lawsuit could drive go! out of the local market. He noted that Mesa is financially vulnerable these days as its balances have dwindled by about $100 million to $245 million since the start-up of go!
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"When you consider the declining cash balance of Mesa since they started go!, I could see a scenario where the damages could equal their cash flow," said Hamilton. "In the worst case scenario ... it could drive them into bankruptcy."
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Hawaiian has not publicly stated the amount of damages that it has suffered as a result of the alleged misuse of confidential data. But the company has retained a Mainland airline industry consultant Samuel Engel of New York-based Simat, Helliesen & Eichner Inc., who has calculated the amount of losses Hawaiian said its suffered as a result of the alleged misuse of corporate data.
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Hamilton believes that Mesa faces considerable obstacles given Faris' previous findings against the airline.
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'TROUBLING' TESTIMONY
[/SIZE][/FONT][FONT=Times New Roman, Times, serif][SIZE=-1] In an Oct. 26, 2006, ruling, Faris rejected Hawaiian's call for a one-year ban against Mesa for operating interisland flights but not before saying that Mesa "probably breached the confidentiality agreement by failing timely to return or destroy the evaluation material."
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Faris singled out Murnane for a "cavalier" treatment of the confidential data and called Murnane's testimony "self-contradictory and "troubling" and said that Murnane made false statements under oath.
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The judge cited a May 2005 e-mail in which Murnane discussed giving then-bankrupt Aloha Airlines "a last push" to drive it out of business.
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"I think this is a real black cloud for Mesa as the trial moves forward," Hamilton said.
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