Judge sets dates for Dallas Love Field hearings

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The case is open and shut despite what some here think
The fact that the judge is maintaining the status quo right now should be a clue
 
WorldTraveler said:
If there were major legal issue at stake, there would be a lot more time allocated
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Yea ok F. Lee Bailey, LMAO.
 
Now you are a lawyer too?
 
I have stated multiple times that I am willing to let the case play out
I have stated that the length of time for this phase is so short that it doesn't appear that the judge expects a lengthy trial
 
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Kev3188 said:
I'm not sure that's the smoking gun you think it is...
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I agree with you.  
Of course I would hope SWA gets the gates, however, this will not be easily decided. There are documents out there that are conflicting each other.  And you have DOT saying it reads one way and you have COD and SWA and even other airlines saying it's another way.  This judge will rule however he sees it to fit and by following all laws related to DAL Love Field, including WARRA.  I still think Delta might (using that word lightly) be able to stay and maintain their 5 original flights to ATL.  But I lean even more towards SWA retaining the gates and getting full use from them.  It is the COD that is responsible for making accommodations (if there is room) for the other airlines.  And it also states that no airline will have to reduce or stop service in order to accommodate.  It is in writing in the document that will prevail in this case and signed off by all (except Delta) involved.  Pretty sure Delta's time is limited at DAL, but you never know some times how these things will turn out and this is exactly what Delta and AA is hoping for to get a chance to stay and grow at DAL, sort of a back door way to get in at DAL when you have the restrictions in place as DAL Love Field does.  
I actually think the judge is being nice to let Delta stay thru Sept until a ruling is made.  What would be any different for Delta to ask to be forced into one of Virgins gates?  Virgin holds the lease, as long as they are fully using these gates they do not have to accommodate Delta.  If SWA is going to fully use the gates (and they will) will not have to accommodate.  I say throw in 5 more gates to be operated out of DAL so both AA and Delta could serve and grow.  It's that easy. Open the gate limitations and add airlines so everyone is happy at DAL, simple as that----lol...
 
the agreement between DL and WN, likely influenced by the judge, allows DL to stay as long as it takes to decide the case. DL is simply asking for a judicial ruling to that effect.

There will be no more gates at DAL anytime in the near future which simply means that all parties have to live with the current letter of the law and that WN will have to live with a smaller size than it otherwise would like.

But it will be WN, not any other party that has to pull back to accommodate competition.

The only conflict that exists is in the mind of those who don't understand that the DOT is more than capable of understanding all of the legal requirements and interpreting all in a balance that still allows WN to have 80% of the gates at an airport as large as DAL.

Given that WN pitched a royal fit about getting access to DCA and LGA where no legacy carrier has anywhere near close to what WN has at DAL, WN's own practice and what it was given will weigh against WN's arguments.

and the key part of the whole discussion is that DL understood the airport access laws which DAL or WN is not exempt from, filed an accommodation request that completely confirms with every requirement, and WN was not fully utilizing its gates at the time of DL's accommodation requests.

again, the judge could throw it all out but it would come at the cost of other carriers being able to dominate whatever airport they want and exclude the competition in the process.

and if anyone can't realize that airports like LGA are very much in exactly the same position as DAL, then whatever WN thinks it is getting at DAL would more than backfire elsewhere.

There simply is no way that a judge is going to allow airport facilities to be used to lock out competitors, DAL won't be an exception, and the DOT's accommodation process will be upheld as the best system to ensure competition given existing facilities.

WN made a strategic mistake in acquiring gates not once but twice and thinking they could hold onto them for future growth while DL knew the process and requirements for entry and met them.
 
You can post a million words doesnt change the fact that DAL is not like every other airport in the US, it has its own specific law, which exempts it from other regulations from the DOT.
 
WARA is quite specific and I have posted the parts of it where it shows its exempt.
 
and you have posted a million times that DAL is not like every airport in the US but it is clear that in the areas that apply to this case, it is.

If it weren't, it would be clear that WN would have been free to kick DL out and no legal case would be required.

WARA doesn't supersede airport access requirements including that gates cannot be sat on, don't protect WN above 16 gates, and don't supersede antitrust requirements.

DL's presence at DAL will be driven by the 2 ex-UA gates, not the original 16 gates that WN operated even though they weren't fully utilizing them at the time of DL's accommodation request.

DL knew the law, WN thought they had the right to an airport monopoly even while demanding access at others, and WN will be sharing 2/3 of the exUA gates with DL.
 
how about we let the judge decide that?

after one of the most heavily discussed topics on this forum regarding a business issue, we just might have closure by Christmas. maybe Thanksgiving. or Halloween. of some year
 
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