Evergreen International Airlines, Inc. v. Asiana Airlines

MEMORANDUM *

Following a jury verdict awarding $16,630,394 in damages to Evergreen International Airlines, the district court denied Asiana Airlines’ motion for judgment *97 as a matter of law. Asiana appeals the judgment. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

Oregon Revised Statutes section 72.7080(2), like the Uniform Commercial Code, provides that when the traditional measure of contract damages is not sufficient to “put the seller in as good a position as performance would have done then the measure of damages is the profit (including reasonable overhead) which the seller would have made from full performance by the buyer....” See also Trienco, Inc. v. Applied Theory, Inc., 102 Or.App. 362 , 794 P.2d 1239, 1241-42 (1990). Although Oregon has not specifically considered whether this lost volume measure of damages applies beyond the specific context of contracts for the sale of goods, most other jurisdictions to consider the issue have extended the theory to include various types of providers of services. See Gianetti v. Norwalk Hosp., 266 Conn. 544 , 833 A.2d 891 , 895-96 & n. 4 (2003) (employment contracts); Jetz Serv. Co., Inc. v. Salina…