We represented Roadlink Transportation (a subsidiary of Flying J Inc.) in a bench trial in the U.S. District Court for the Western District of Tennessee. The lawsuit arose from the sale of a Cessna Citation aircraft by Roadlink to an individual. The plaintiff claimed that Roadlink breached the sales contract because – 11 months after purchase – the aircraft was grounded after an inspection revealed that holes had been drilled in the plane’s carry-through spar. The case turned on the interpretation of the sales contract, which provided that the sale was “as is” but also included language regarding the “airworthy condition” of the aircraft. The Court found those two provisions in conflict but held that the “as is” clause, along with several other disclaimers of liability and the fact that the buyer had unfettered rights to a pre-purchase inspection, trumped the airworthiness provision. The Court ruled in favor of our client in December 2014 and, though the plaintiff appealed that ruling, we were able to negotiate a settlement for our client, and the appeal was dismissed.
Victory in Federal Court for Roadlink Transportation
Victory in Federal Court for Roadlink Transportation
We represented Roadlink Transportation (a subsidiary of Flying J Inc.) in a bench trial in the U.S. District Court for the Western District of Tennessee. The lawsuit arose from the sale of a Cessna Citation aircraft by Roadlink to an individual. The plaintiff claimed that Roadlink breached the sales contract because – 11 months after purchase – the aircraft was grounded after an inspection revealed that holes had been drilled in the plane’s carry-through spar. The case turned on the interpretation of the sales contract, which provided that the sale was “as is” but also included language regarding the “airworthy condition” of the aircraft. The Court found those two provisions in conflict but held that the “as is” clause, along with several other disclaimers of liability and the fact that the buyer had unfettered rights to a pre-purchase inspection, trumped the airworthiness provision. The Court ruled in favor of our client in December 2014 and, though the plaintiff appealed that ruling, we were able to negotiate a settlement for our client, and the appeal was dismissed.