JetAway v. Board of County Commissioners, et al, No. 12-1173 (10th Cir. 2014)Annotate this Case
Plaintiff-Appellant JetAway Aviation, LLC sued Defendants-Appellees Board of County Commissioners of the County of Montrose, Colorado and the Montrose County Building Authority, and nongovernmental defendants Jet Center Partners, LLC, Black Canyon Jet Center, LLC, Kevin Egan, and James Rumble, alleging, inter alia, violations of the Sherman Act. The district court granted summary judgment to Defendants on JetAway’s antitrust claims on multiple bases, including that JetAway did not have antitrust standing to bring its claims. JetAway appealed that decision, and the Governmental Defendants cross-appealed the district court’s denial of summary judgment on state-action immunity grounds. Acting as a quorum, Judges Tymkovich and Holmes joined this opinion and affirmed the district court's judgment, specifically, because JetAway failed to establish an antitrust injury and, consequently, lacked antitrust standing to bring this action. However, the judges employed different reasoning in reaching this conclusion. Because the Tenth Circuit fully denied JetAway relief at the threshold on the basis of its failure to establish an antitrust injury, it did not reach the Governmental Defendants' cross-appeal regarding state-action immunity and dismissed the cross-appeal as moot. In addition, the Court addressed two pending procedural matters: a motion to seal and a motion to strike. JetAway filed an unopposed motion to seal numerous documents that were under seal in the district court. The Tenth Circuit's clerk's office provisionally granted that request pending the merits panel's final determination. The Court then denied the motion, finding that JetAway did not provide any basis for sealing the documents; instead, it merely stated that the documents were filed under seal. "[A] generalized allusion to confidential information is woefully inadequate to meet JetAway's 'heavy burden.'"