IADC member Mica Nguyen Worthy, a partner at Cranfill Sumner & Hartzog LLP's Charlotte office, received favorable outcomes for two aviation clients in 2018. Summaries of these successes are below:
The Client, a general aviation company seeking certification as a Part 135 operator, purchased and had installed the appropriate GPS equipment into its aircraft. However, due to delays from the manufacture of the GPS equipment that required an engineering solution, the Client suffered loss of use and direct damages to the business. Mica was able to confront the manufacturer with potential litigation, but also worked efficiently to resolve the matter to the benefit of the client in a cost-effective manner without the need for litigation.
The Client, a general aviation pilot, contracted for the right to purchase a Jet with certain specifications and equipment. However, shortly before production of the aircraft, the manufacturer sought to increase the total contract price and indicated the specified equipment was not available as previously indicated without bundling other items, for which the Client did not contract. The case required analysis of the potential for arbitration compared to the potential for litigation and the analysis of terms of the proposed aircraft purchase agreement. The Jet manufacturer demanded the Client’s agreement to the new terms on a short deadline, but Mica was able to work quickly and diligently to persuade the Jet manufacturer to come to a suitable resolution that involved a buy-back of the Jet position at a commercial rate beneficial to the Client.