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

> District Court, S.D. New York · April 1, 2022

URL: https://www.frixlaw.com/law-library/cases/10340182

## Case

- **Court:** District Court, S.D. New York
- **Decided:** April 1, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10340182

## Opinion text

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.
wanna nnn X
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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10340182. Public record. Not legal advice.