WCA Holdings III LLC v. Panasonic Avionics Corp.

Partial Dismissal of Claims Arising From Jet Plane's Avionics Upgrade Explained

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MEMORANDUM OPINION AND ORDER Plaintiff WCA Holdings III, LLC (“WCA”) is the owner of a private aircraft that Defendant Panasonic Avionics Corporation (“Panasonic”) agreed to outfit with the latest and greatest in-flight internet, cabin management, and entertainment systems. After entering into the original agreement in 2010, Panasonic struggled to deliver on its promises. Yet the parties maintained their optimism, slogging through the next 10 years with four additional agreements, extending the promised completion date and adding promises of yet more updates to the aircraft. It was only in 2020 that the parties accepted that their deal had imploded, and the aircraft was left with an obsolete, poorly functioning in-flight system. In a cautionary tale of over-optimism, many of WCA’s claims must now be dismissed as too little, too late. For the reasons set forth below, Panasonic’s motion to dismiss is GRANTED IN PART AND DENIED IN PART. I. BACKGROUND¹ A. The Original Agreement WCA owns a Boeing 737-700 BBJ aircraft (the “Aircraft”) and operates it as a private business aircraft. Dkt. No. 27 (“Am. Compl.”)

1, 12. Panasonic is engaged in the business of engineering and designing in-flight telecommunications and entertainment systems for private aircraft. Id. 13. In June 2010, WCA and Panasonic negotiated and entered into the General Terms Agreement Between Panasonic Avionics Corporation and WCA Holdings III, LLC (the “GTA”). Id. 14; Dkt. No. 35-2 (GTA). Under the GTA, Panasonic agreed to equip the Aircraft with a new in-flight internet, cabin management, and entertainment system, in exchange for cash or in-kind payment by WCA. Am. Compl.

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