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Breach of contract

October 28, 2009
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Trial Report

Aviation Professionals Institute, LLC v. Gary/ Chicago International Airport Authority

Lake Superior Court -  No. 45D04-0711-CC-00187

Injuries: Lost future profits

Date: Apr. 27 - May. 1, 2009

Judge or Jury Trial: Jury Trial

Judge: Hon. Gerald N. Svetanoff

Disposition: Defense verdict

Plaintiff Attorney(s): John A. Sopuch III and Shawn Collins, Collins Law Firm, Naperville, Ill.; George Paras, Merrillville

Defendant Attorney(s): Nelson Nettles, Joseph Maguire, and Richard Norris, Norris Choplin & Schroeder, Indianapolis; Patrick Lyp, Blachly Tabor Bozik & Hartman, Valparaiso

Case Information: This was an aviation case involving a contract between the Gary/Chicago International Airport and a fixed base operator, Aviation Professionals Institute. In 2002, API signed a 10-year large hangar lease (with two 5-year options) to operate a flight school at the Gary airport. In 2005, API wished to expand into a full-service FBO, offering additional services including the sale of aviation fuel. In December 2005, the airport board approved API to become a full-service FBO; however the airport believed the terms of the contract amendment remained to be worked out and put into writing. The original lease had an integration clause requiring amendments be in writing and signed. On cross-motions for summary judgment the trial court ruled that a contract amendment existed as of the December 2005 board approval, despite the integration clause. Interlocutory appeal was denied.

The Gary airport had understood API`s plan as selling AVGAS (100 LL) the first year, and expanding into jet fuel in future years once another jet fuel tank was installed. When API learned in January 2006 that the airport would not allow them to share the existing jet fuel tanks with the other FBO, API claimed the airport breached the contract. Ultimately, API never sold aviation fuel of any kind and was evicted from the airport for the failure to pay rent by the end of 2006.
API filed an administrative complaint with the Federal Aviation Administration, which was denied. API also filed a federal court action with federal and state antitrust claims. That action was dismissed by the federal court. Then in November 2007, API filed this breach of contract action in Lake County, seeking $15 million dollars in lost future profits through 2022, the remainder of the lease term.

The jury trial concerned whether the amended contract was breached, whether API`s performance was excused, and whether a breach caused API any lost future profits. The judge allowed the jury to consider the entire future lease period for future profits, leaving to the jury to decide when such evidence became speculative. Expert testimony was the sole evidence for and against lost future profits. James Alerding, Clifton Gunderson, testified for API. Dan Ochse of Jacobs Consultancy testified for the airport. The jury deliberated 2 hours and 15 minutes before returning a verdict for the Gary airport.

 - Nelson Nettles

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    I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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