United States Federal Circuit

In an action brought by plaintiff-American Airlines claiming that the United States unlawfully required plaintiff to pay to the government the full amount of "user fees" that plaintiff was unable to collect from passengers, partial summary judgment in favor of plaintiff-airlines is affirmed where: 1) the amounts assessed were based on the defendant-government's periodic audits, and the assessments were paid by plaintiff-airlines; 2) damages expert, reviewing the results during this proceeding, identified a small error in defendant-government's favor, and the claim was reduced accordingly; 3) the court's damages award was based on this expert report, which the government stipulated was accurate; and 4) no error was shown in the judgment of the court of federal claims.

Appellate Information

• Decided 12/22/2008
• Published 12/22/2008

Judges

• NEWMAN, Circuit Judge., Before NEWMAN, MAYER and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Adam P. Feinberg, Miller & Chevalier Chartered, of Washington, DC, argued for plaintiff-appellee., Kyle E. Chadwick, Senior Trial Counsel, Commercial Litigation Branch, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General;  and Jeanne E. Davidson, Director.   Of counsel on the brief were Andrew S. Kosegi, Attorney, U.S. Customs and Border Protection, of Indianapolis, Indiana;  and Cynthia A. Koch, Senior Counsel, United States Department of Agriculture, of Washington, DC.