Morris Aviation, LLC v. Diamond Aircraft Industries, Inc.
- Summarized by J. Debbeler , Graydon Head & Ritchey LLP
- 9 years 9 months ago
- Sixth Circuit Case No. 12-6021
- Airplane manufacturer's opinion of the "quality and reliability" of components was not a fraudulent or negligent misrepresentation where the component manufacturer filed bankruptcy and voided warranties on components shortly after plaintiff purchased the airplane from the manufacturer. Airplane manufacturer's mere opinion as to component manufacturer's financial health did not form the basis of a misrepresentation claim.
- Procedural context:
- The Plaintiff's suit was dismissed in district court for failure to state a claim. The Sixth Circuit affirmed.
- The Plaintiff, Morris Aviation (Morris) purchased an airplane manufactured by Diamond Aircraft Industries (Diamond). The airplane's engines were manufactured by TAE. In sales negotiations, Diamond and its agents emphasized the TAE engines' "quality and reliability." A few weeks after Morris purchased the airplane, TAE went bankrupt in Germany and voided the warranties. Morris brought suit against Diamond for fraudulently or negligently concealing TAE's financial health, thereby misrepresenting the value of the warranty.
- Batchelder, Guy, and Boggs
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