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AIRPORT LEASE-COMMENT

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  • Jurydoctor@aol.com
    In a message dated 5/6/2009 03:55:57 PM Eastern Daylight Time, I believe the company’s claims - Yes, I believe there was malpractice by the
    Message 1 of 1 , May 6, 2009
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      In a message dated 5/6/2009 03:55:57 PM Eastern Daylight Time,

      I believe the company’s claims
      - Yes, I believe there was malpractice by the lawyer….the company
      hired him to perform a service and he was professionally negligent in not
      doing complete research on all the issues he was apparently aware of
      - Would depend on the facts. If the company and airport authority
      could justify a legitimate business interest for the authority rather than
      the company to build additional hangars, but the lawyer needed to review the
      fed regs which may or may not have applied to these circumstances. Did
      the competitor actually have to be in the airport proper, or could it have
      found land outside the airport? Im not sure I buy into the monopoly argument
      otherwise the airport would have reserved that land for another fuel supplier
      to use.
      - Loss of profits here too speculative to go out 20 years in time,
      though would have to do a lot of research to find comparables to support
      the claim
      - Apparently the court ruled that the agreement didn’t properly
      set out the terms and conditions that obligated the airport authority to build
      hangars, not because it was void ab initio / from the beginning, because it
      was illegal, ie violated fed regulations…hence, the lawyer did not provide
      the legal guidance and expertise to the agreement he said he would in order
      to obligate the airport auth to build in exchange for his client tendering
      their interest in the land back



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