Jones Day: Recent Litigation Affecting Aircraft Financing

A Jones Day alert in a recent newsletter noted that airlines and aircraft lessors would be well advised in today’s economic climate to remain attuned to litigation outcomes that may affect the traditional rules for aircraft financing.

The law firm said that courts have recently decided cases involving applicability of insurance clauses in lease agreements, interpretation of lease terms controlling parties’ obligations, lessors’ rights upon default, lease obligations following bankruptcy, and the enforceability of liquidated damages provisions in lease contracts.

The report provides commentary, citing court cases, covering the following topics:

  • Insurance Clauses in Lease Agreements

  • Interpretation of Lease Terms Controlling Parties’ Obligations

  • Lessors’ Rights Upon Default

  • Lease Obligations Following Bankruptcy

  • Enforceability of Liquidated Damages Provisions

  • “Hell or Highwater” Clauses

    To read the full Jones Day article from its latest newsletter click here.

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