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.
123461P.pdf 05/09/2014 BLB Aviation South Carolina v. Jet Linx Aviation, LLC
U.S. Court of Appeals Case No: 12-3461
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Gruender, Author, with Wollman and Colloton, Circuit Judges]
Civil case - Contracts. District court did not err in rejecting
defendant's defense of accord and satisfaction as the evidence was more
than sufficient for the district court to conclude that plaintiff did not
agree to the terms of defendant's letter; district court did not err in
finding for plaintiff with respect to its claims for unpaid lease
payments; finding that defendant breached the parties' agreement by
"marking up" maintenance costs is affirmed; with respect to plaintiff's
claim that the district court erred in concluding it had not proved its
damages arising from defendant's failure to document maintenance, this
issue must be remanded for further proceedings on the proper measure of
damages; district court did not clearly err in concluding plaintiff had
failed to present insufficient evidence connecting engine damage on one of
the planes to defendant's crew's failure to conduct a pre-flight
inspection.