Mesa plans to appeal Hawaiian lawyer fees

The Phoenix-based carrier objects to the $3.9 million award

Mesa Air Group plans to appeal another decision by a federal judge in the lawsuit filed against the carrier by Hawaiian Airlines.

The parent of go! filed a notice of appeal Wednesday with federal Bankruptcy Court over the $3.9 million in attorney fees and costs that Judge Robert Faris ordered Mesa to pay Hawaiian for using confidential information to gain a competitive advantage when it entered the Hawaii market in June 2006. The data was obtained when Mesa was a potential investor in 2004 during Hawaiian's 26-month bankruptcy.

Faris ruled last month that Hawaiian was entitled to $3.65 million in attorney fees for work performed by Los Angeles-based law firm Hennigan Bennett & Dorman and Honolulu-based firm Carlsmith Ball, and $275,077 in costs.

Hawaiian had been seeking a combined $4.7 million while Mesa had argued that Hawaiian was only entitled to $2.6 million.

Mesa's appeal will be heard by the Bankruptcy Appellate Panel for the Ninth Circuit unless the Phoenix-based company files within 30 days of its appeal notice its election to have the appeal heard by federal District Court.

The appeal is separate from its other appeal over Faris' decision ordering Mesa to pay Hawaiian $80 million in damages for using the confidential information, and its cover-up by Mesa's since-fired chief financial officer, Peter Murnane.

Mesa has put up a $90 million bond to cover the damages award, interest and costs for one year while it appeals that ruling in federal District Court.