A North Carolina courtroom is set to become the latest battleground as Wheels Up sues FlyExclusive, marking the third venue for a legal fight that has stretched on for more than two and a half years and pits two aviation heavyweights against each other.
The private aviation company is seeking between $33.6 million and $37.5 million, plus interest, alleging breach of contract, fraudulent misrepresentation, unfair and deceptive trade practices, and unjust enrichment, among other claims.
Jurisdictional Detour Clears the Runway
The case was recently dismissed without prejudice by the New York State Supreme Court in Manhattan, which ruled in early December that it lacked jurisdiction. That decision cleared the way for Wheels Up to refile elsewhere.
Originally launched in July 2023 in the U.S. District Court for the Southern District of New York, the lawsuit reflected Wheels Up’s headquarters at the time. The company later relocated to Atlanta in February 2024, while FlyExclusive remains based in Kinston, North Carolina, making the Tar Heel State a natural new forum.
