In WM Aviation LLC et al. v. Cessna Aircraft Co., Middle District of Florida Judge G. Kendall Sharp, dismissed a large portion of a suit against Cessna Aircraft Co. over a 2008 runway plane crash. WM Aviation LLC and Tricor International Corp. accused Cessna of performing faulty maintenance on the jet operated by WM Aviation that skidded off a runway at New York’s John F. Kennedy International Airport in April 2008. The court dismissed accusations that Cessna violated the Clayton Act when it forced owners of its aircraft to use only Cessna for repair and maintenance, because the Clayton Act only covers contracts for “tangible goods” and not services. The court also dismissed plaintiffs’ state claims of deceptive and unfair trade practices and conspiracy to monopolize for failure to state a claim. The court did, however, keep the plaintiffs’ attempted monopolization claim in play. In this claim, plaintiffs allege that Cessna tried to monopolize the repair market for its Citation X jets by refusing to share its proprietary data with third parties, thus making it the only entity that can repair and certify its jets to return them to service after repairs have been made. The court held that plaintiffs can proceed with their attempted monopolization claim because they sufficiently alleged that Cessna’s policy “forecloses a substantial violation of commerce” in the state by cornering the repair market.