AIRLINES SETTLE
Mesa settles with Hawaiian Air, to pay $52M
By Rick Daysog
Advertiser Staff Writer
The parent of go! airlines will pay Hawaiian Airlines $52.5 million to settle charges that it misused confidential information to enter the interisland market.
The settlement, announced today, does not bar go! and its Phoenix-based owner Mesa Air Group from operating interisland flights. But it requires Mesa to drop its appeal of an $80 million judgment awarded last October by U.S. Bankruptcy Judge Robert Faris.
Faris ruled that Mesa used confidential business information while Hawaiian was under bankruptcy protection to launch go! in June 2006.
"This settlement is the last chapter in the legal dispute over Mesa's misuse of Hawaiian's confidential information," said Mark Dunkerley, Hawaiian's chief executive officer.
"We are delighted with the award of damages and this settlement."
Shares of Hawaiian rose 15 cents to $8.05 on the American Stock Exchange this afternoon. Mesa shares also increased 15 cents to 70 cents in afternoon trading on the Nasdaq market.
The payment to Hawaiian will come from an $80 million bond posted by Mesa shortly after it filed its appeal of Faris' judgement. Mesa will receive the remaining $37.5 million balance from the bond.
The appeal was scheduled for trial next month in U.S. District Court in Honolulu.
For Hawaiian, the settlement guarantees that the local carrier will receive some money from its long-running legal dispute with Mesa.
During the past several months, Mesa's finances have deteriorated significantly and airline industry analysts have raised the possibility of a bankruptcy filing. A bankruptcy filing could wipe out or sharply reduce any money Hawaiian would expect to see from the judgment.
For Mesa, the deal with Hawaiian provides some breathing room.
Earlier this month, Mesa disclosed that Delta Air Lines plans to cancel its $20 million-a-month contract with Mesa's Freedom Airlines subsidiary. Mesa is suing Delta over the contract, which provides a large chunk of Mesa's $1.3 billion in annual revenues.
Mesa also faces a $37.8 million payment to it bondholders on June 16.
Reach Rick Daysog at rdaysog@honoluluadvertiser.com.