Jet Source, Charter, Inc. v. Gemini Air Group Inc.

MEMORANDUM

Plaintiff-Appellee Jet Source Charter, Inc. (“Jet Source”) contracted with Defen dant-Appellant Gemini Air Group, Inc. (“Gemini”). Under the contract, Jet Source provided charter flights to private customers on a jet airplane operated by Gemini. Jet Source terminated the contract, claiming Gemini was in breach. Jet Source brought suit in state court. Gemini removed to federal court and counterclaimed, claiming breach by Jet Source. The jury found that both parties breached and that neither could recover contract damages. The jury found that Gemini was negligent and awarded Jet Source $13,200 in tort damages. Gemini appealed.

We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the jury’s verdict as to breach of contract, but reverse the jury’s award of tort damages. We also affirm the district court’s admission of an FAA Order Assessing Civil Penalty (“Order”) over Gemini’s objection.

We affirm the jury’s verdict on Gemini’s breach of contract claims. We review a jury verdict for substantial evidence. Harper v. City of Los Angeles, 533 F.3d 1010, 1021 (9th Cir.2008). Substantial evidence supports the jury’s finding that Gemini breached the contract and that…