DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
072027P.pdf 03/04/2008 Fairbrook Leasing v. Mesaba Aviation
U.S. Court of Appeals Case No: 07-2027
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Loken, Author, with Gruender and Benton, Circuit
Judges]
Civil case - contracts. For the court's opinion in a related matter, see
Fairbrook Leasing v. Mesaba Aviation, 408 F.3d 460 (8th Cir. 2005).
District court did not err in finding that the Term Sheet in question was a
Type II preliminary agreement; applying New York law, the district court
correctly determined that expectancy damages are not available in this
case; the question of whether plaintiff was entitled to reliance damages
was not properly preserved in the district court and would not be
considered as an issue raised for the first time on appeal.