Wheels Up (WUP, Teterboro) has refiled a lawsuit against flyExclusive (JRE, Kinston) in the North Carolina Superior Court on December 31. It will be the third venue to hear the case since the action was first initiated in July 2023. The refiling comes around a month after the Supreme Court of the State of New York dismissed the case for the lack of jurisdiction. Wheels Up is seeking at least USD33.6 million, plus interest.

The dispute centres on USD37.5 million in deposits paid under a guaranteed revenue programme that was due to run through March 2024. Wheels Up alleges that flyExclusive wrongfully terminated the agreement on June 30, 2023, ahead of a busy holiday travel period, and claims breach of contract, conversion, unjust enrichment, and unfair trade practices, among other allegations.