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.
143365P.pdf 12/14/2015 BLB Aviation South Carolina v. Jet Linx Aviation, LLC
U.S. Court of Appeals Case No: 14-3365
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Gruender, Author, with Riley, Chief Judge, and Bye, Circuit
Judge]
Civil case - Contracts. For the court's prior opinion in the matter, see
BLB Aviation South Carolina, LLC v. Jet Linx Aviation, LLC, 748 F.3d 829
(8th Cir. 2014), where the court remanded the matter for the district
court to analyze whether the cost-of-repair damages BLB sought would
entail unreasonable economic waste before choosing between cost-of-repair
and diminution-in-value as the measure of damages; the cost-of-repair was
not the proper measure of damages because it would entail replacing good
parts with new parts, just for the sake of obtaining complete maintenance
records, thereby creating economic waste; further using this measure would
result in a windfall to BLB; however, while diminution of value was the
proper measure, BLB failed to prove its damages with sufficient certainty,
and the district court did not err in denying BLB recovery