Opinion

US Airways, Inc., for American Airlines, Inc. as Successor and Real Party in Interest v. Sabre Holdings Corporation

Court
District Court, S.D. New York
Filed
Apr 1, 2022
Cited by
0 cases
Authority
More cited than 27.4%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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US AIRWAYS, INC.,

Plaintiff, 11 Civ. 2725 (LGS)

-against- ORDER

SABRE HOLDINGS CORP., et al.,

Defendants.

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LORNA G. SCHOFIELD, District Judge:

WHEREAS, US Airways has moved in limine, at Docket No. 1102, to preclude at trial

evidence or argument concerning Sabre’s in pari delicto, unclean hands, waiver, and estoppel

affirmative defenses. It is hereby

ORDERED that the motion is GRANTED because it is the law of the case per the

Court’s prior ruling declining to instruct the jury on “equal participation” and related defenses.

See Perma Life Mufflers, Inc. v. Int’l Parts Corp., 392 U.S. 134 (1968), overruled on other

grounds by Copperweld Corp. v. Indep. Tube Corp., 467 U.S. 752 (1984); Gatt Comm. Inc., v.

PMC Assocs., LLC, 711 F.3d 68, 81 (2d Cir. 2013); see also 12/12/2016 Trial Transcript 5360-

66 and ECF 724. Sabre has not identified any intervening change of law compelling a different

result, nor does the addition to the trial of the monopoly claim change the result since the claim

concerns competitive harm, not just to Plaintiff as a contractual counterparty, but to all

participants in the market subjected to Sabre’s alleged monopoly power.

The Clerk of Court is respectfully directed to close the motion at Dkt. No. 1102.

Dated: April 1, 2022 / /

New York, New York

LORNA G. SCHOFIEL

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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