Radio New Zealand - Te Reo Irirangi o Aotearoa

Saipan Air opposes bid to dismiss case vs Swift Air

Posted at 03:28 on 14 November, 2012 UTC

Saipan Air Incorporated is strongly opposing a bid to have its case against Swift Air dismissed, saying the court has jurisdiction over the non-resident defendants of the case.

Saipan Air is suing Swift Air executives after they failed to deliver an aircraft that would have been used for the maiden flight of the aborted Saipan-based airline.

Saipan Air is seeking 50 million US dollars in damages.

Swift Air officials filed a motion to dismiss the case on October the 12th, using the argument the court lacks personal jurisdiction to handle the lawsuit.

However, Saipan Air’s lawyer, Steven Pixley, argued the court does possess specific jurisdiction over Swift Air executives Donald Stukes, Jeffry Conry, Boris Van Lier, and Hank Tobert.

The airline is also suing the four in their individual capacities because Swift Air filed for bankruptcy, preventing Saipan Air from lodging a case against it.