8 results for 'cat:"Contract" AND cat:"Aviation"'.
J. Hicks grants the flight support company's motion for summary judgment in this negligence suit. A private plane was damaged by the corporation's making contact with another plane it was moving at the storage facility. The pilot who left the plane to be stored signed a "landing card" stipulating the corporation is not liable for damage. The terms of the landing card are an enforceable contract, including the limitation of liability footnote. Though the pilot involved was not the principal pilot contracted to fly the plane, he was cloaked with apparent authority by the original pilot. The principal “is estopped from later denying the actions of the agent” once he “cloaks the agent with the apparent authority to act[.]”
Court: USDC Nevada, Judge: Hicks , Filed On: March 28, 2024, Case #: 2:22cv2011, NOS: All Other Real Property - Real Property, Categories: Insurance, contract, aviation
J. Carroll finds the trial court improperly denied an aviation company’s post-judgment motion for reconsideration for a contract dispute against the Vermont Agency of Commerce and Community Development. The agency was granted its motion to dismiss, for failure to state a claim, the breach of contract claim related to a failed project that the lender stopped financing. The aviation company must convince the lower court to reopen the case before opening a second amended complaint to cure the deficiencies. Reversed.
Court: Vermont Supreme Court, Judge: Carroll, Filed On: February 23, 2024, Case #: 23-AP-311, Categories: Banking / Lending, contract, aviation
J. Woods partially denies the aircraft engineering firm's motion to dismiss claims stemming from its failure to upgrade a private aircraft's internet and entertainment systems. The owner's breach of contract claims related to the eX1 system are untimely due to the parties' efforts to resolve the issues for 10 years. However, the contracted equipment upgrades are still enforceable.
Court: USDC Southern District of New York, Judge: Woods, Filed On: December 5, 2023, Case #: 1:20cv7472, NOS: Other Contract - Contract, Categories: contract, aviation
Per curiam, the appellate division finds that the lower court improperly dismissed a breach of contract claim against the aircraft carrier alleging that it intentionally rebooked a passenger's flight to serve a higher-paying customer. The carrier's affirmation that the delay in the passenger's return flight was due to a mechanical issue with the plane does not suffice to disprove the allegations. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 2, 2023, Case #: 05539, Categories: contract, aviation
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free