Evergreen International Airlines v. Asiana Airlines

In a judgment affirmed by the Ninth Circuit Court of Appeals, Analysis Group was retained by Hennigan, Bennett & Dorman on behalf of the plaintiff, Evergreen International Airlines, Inc., in a breach of contract suit against Asiana Airlines. In the lower court trial, a federal jury in Portland, Oregon, unanimously awarded Evergreen more than $16.6 million in damages against Asiana for breach of a three-year contract to lease one of Evergreen's Boeing 747 cargo airplanes. Analysis Group Managing Principal Jeffrey H. Kinrich provided expert testimony on lost profits based on Evergreen's 18 months of lost revenue as a result of the contract breach. The Ninth Circuit affirmed in all respects the judgment against Asiana, stating that "[a]lthough the parties disagree regarding which costs constitute overhead, and which costs should have been deducted, both sides presented experts in support of their respective positions, and the jury credited the testimony of Evergreen's experts regarding the costs attributable to the Asiana contract."