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


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

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  1. Mr Smith, while most reading these posts are too busy making money or cranking out what passes for justice in our legal-techocrat order,I have often attempted to resist your cynicism, well thought out cynicism I admit. Please know that I give up, I can resist your logic no more. From Locknarian Platonic Guardians, through the incorporation doctine, to substantive due process, to Roe, to the latest demands that all states redefine the foundational stone of all civilized social order, the history of America's fall from Grace is inscribed on the dockets of the judiciary. From the federal judges' apostasy of a kind that would have caused John Jay to recommend capital punishment, to the state judges' refusal to protect the sanctuary of the state constitutions, seeing in them merely a font from which to protect pornographers, those who scream "f*ck the police" and pemubras and emanations following the federal apostates, it has been the judiciary, by and large, that has brought the Experiment in Ordered Liberty to an end. The Founders had great and high hopes that they had designed the third branch to save the Republic from such a time as this ... rather the third branch has allowed itself to be used to drag the Republic into rat infested sewers from which no nation has ever returned. Save me from tomorrow:

  2. Especially I would like to see all the republican voting patriotic good ole boys to stop and understand that the wars they have been volunteering for all along (especially the past decade at least) have not been for God & Jesus etc no far from it unless you think George Washington's face on the US dollar is god (and we know many do). When I saw the movie about Chris Kyle, I thought wow how many Hoosiers are just like this guy, out there taking orders to do the nasty on the designated bad guys, sometimes bleeding and dying, sometimes just serving and coming home to defend a system that really just views them as reliable cannon fodder. Maybe if the Christians of the red states would stop volunteering for the imperial legions and begin collecting welfare instead of working their butts off, there would be a change in attitude from the haughty professorial overlords that tell us when democracy is allowed and when it isn't. To come home from guarding the borders of the sandbox just to hear if they want the government to protect this country's borders then they are racists and bigots. Well maybe the professorial overlords should gird their own loins for war and fight their own battles in the sandbox. We can see what kind of system this really is from lawsuits like this and we can understand who it really serves. NOT US.... I mean what are all you Hoosiers waving the flag for, the right of the president to start wars of aggression to benefit the Saudis, the right of gay marriage, the right for illegal immigrants to invade our country, and the right of the ACLU to sue over displays of Baby Jesus? The right of the 1 percenters to get richer, the right of zombie banks to use taxpayer money to stay out of bankruptcy? The right of Congress to start a pissing match that could end in WWIII in Ukraine? None of that crud benefits us. We should be like the Amish. You don't have to go far from this farcical lawsuit to find the wise ones, they're in the buggies in the streets not far away....

  3. Moreover, we all know that the well heeled ACLU has a litigation strategy of outspending their adversaries. And, with the help of the legal system well trained in secularism, on top of the genuinely and admittedly secular 1st amendment, they have the strategic high ground. Maybe Christians should begin like the Amish to withdraw their services from the state and the public and become themselves a "people who shall dwell alone" and foster their own kind and let the other individuals and money interests fight it out endlessly in court. I mean, if "the people" don't see how little the state serves their interests, putting Mammon first at nearly every turn, then maybe it is time they wake up and smell the coffee. Maybe all the displays of religiosity by American poohbahs on down the decades have been a mask of piety that concealed their own materialistic inclinations. I know a lot of patriotic Christians don't like that notion but I entertain it more and more all the time.

  4. If I were a judge (and I am not just a humble citizen) I would be inclined to make a finding that there was no real controversy and dismiss them. Do we allow a lawsuit every time someone's feelings are hurt now? It's preposterous. The 1st amendment has become a sword in the hands of those who actually want to suppress religious liberty according to their own backers' conception of how it will serve their own private interests. The state has a duty of impartiality to all citizens to spend its judicial resources wisely and flush these idiotic suits over Nativity Scenes down the toilet where they belong... however as Christians we should welcome them as they are the very sort of persecution that separates the sheep from the wolves.

  5. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied