Haynes and Boone Secures $65.9 Million Verdict for Client ATA

10/20/2010

INDIANAPOLIS – A federal court jury deliberated less than three hours in returning a unanimous $65.9 million breach of contract verdict Oct. 19 in favor of Haynes and Boone, LLP client ATA Airlines, Inc. against defendant Federal Express Corporation.

The Southern District of Indiana jury found that FedEx broke a valid long-term enforceable contract with ATA for long-range international passenger business. The jury decided ATA should be awarded $21.9 million in lost profits for fiscal year 2008, and $43.9 million in lost profits for fiscal year 2009.

Haynes and Boone represented ATA in a five-day breach of contract trial against Federal Express. The firm took on the case through its handling of the airline's Chapter 11. Ken Broughton, who led the team for ATA, said that, unfortunately, any judgment ATA recovers from FedEx won't revive the airline, but will be distributed to creditors, including former ATA pilots.

Other members of the Haynes and Boone team included Dallas Partner Tom Kurth, Dallas Partner Alan Wright and Houston Associate Francisco Rivero. Additional assistance was provided by Houston Partner Pat Casey and Dallas Associate Sean O'Neill.

Haynes and Boone, LLP is an international corporate law firm with offices in Texas, New York, California, Washington, D.C., Mexico City and Moscow, providing a full spectrum of legal services. With more than 525 attorneys, Haynes and Boone is ranked among the largest law firms in the nation by The National Law Journal, has been named one of the "Best Corporate Law Firms in America" (Corporate Board Member Magazine, 2001-2009) and is ranked as a “Top 20 Law Firm” for culture. The firm is consistently recognized for its commitment to diversity, ranking No. 38 among the top 100 firms with respect to minorities (MultiCultural Law Journal, 2010) and in the Vault.com top 20 with regard to both women and minorities (Vault, 2011).

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Nathan Koppel
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+1 512.867.8431
nathan.koppel@haynesboone.com
Linda Campbell
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+1 214.651.5362
linda.campbell@haynesboone.com

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