Wisk Aero LLC v. Archer Aviation Inc.

Good Law
United States District Court, Northern District of CaliforniaSeptember 16, 20243:21-cv-02450California4,891 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 WISK AERO LLC, Case No. 3:21-cv-02450-WHO

Plaintiff,

ORDER GRANTING MOTION TO

v. ENFORCE SETTLEMENT

AGREEMENT

ARCHER AVIATION INC., Re: Dkt. No. 648 Defendant.

12 Plaintiff Wisk Aero LLC and defendant Archer Aviation Inc. engaged in hard-fought litigation in this court for two years, culminating in a settlement agreement in August 2023. Wisk has now filed this Motion to Enforce the Parties’ Settlement Agreement, seeking a court ruling that Archer breached the agreement and must make immediate cash payments to remedy the breach. The argument comes down to this: Archer paid Wisk a tranche of stock shares, which Wisk says should have been immediately exercisable—and indeed Wisk tried to exercise them— but Archer says were not exercisable until a Liquidation Event. But there is no contract language to support Archer’s theory; Wisk is right. Wisk’s motion is granted in part, though, because as explained below, Archer may remedy the…

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