Air-Sea Forwarders, Inc. v. Air Asia Company, Ltd., and E-Systems, Inc.

Plaintiff-Appellant Air-Sea Forwarders, Inc. (Air-Sea), appeals the judgment not withstanding the verdict (j.n.o.v.) entered in favor of defendants-appellees Air Asia Company, Ltd. (Air Asia), and E-Systems, Inc. (E-Systems), with respect to Air-Sea’s claim of bad faith denial of the existence of a contract, and its separate claim for attorney’s fees. The jury had returned a $6,000,000 verdict in appellant’s favor on the bad faith claim. The district court also entered conditional new trial orders on these two claims. Air-Sea additionally seeks review of the order granting a new trial on its breach of contract claim and, if this court declines to reinstate the jury verdicts, of the grant of a directed verdict as to its unfair business practices claim.

We reverse the district court’s entry of judgments n.o.v. on the bad faith denial of existence of contract claim and the attorney’s fees claim. However, we affirm the district court’s conditional order for new trials on both these claims. Finally, we are without jurisdiction to review the district court’s new trial order on the breach of contract claim, or its directed verdict on the unfair business practices claim.

I

Appellant is…