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Commitments and Contingencies
9 Months Ended
Sep. 30, 2011
Commitments and Contingencies 
Commitments and Contingencies

6.              Commitments and Contingencies

 

Lease Commitments

 

As of September 30, 2011, our future minimum lease payments under non-cancelable operating leases were as follows (in thousands):

 

Period Ended December 31,

 

 

 

 

 

 

 

2011 (3 months)

 

$

5,271

 

2012

 

18,484

 

2013

 

16,394

 

2014

 

15,435

 

2015

 

14,150

 

Thereafter

 

40,200

 

 

 

$

109,934

 

 

We incurred rental expense for all properties and equipment of $4.7 million and $2.5 million for the third quarter of 2011 and 2010, respectively and $13.2 million and $7.2 million for the first nine months of 2011 and 2010, respectively.

 

Legal Matters

 

Miami Airport Litigation

 

In April 2001, Miami-Dade County, Florida (the “County”) filed suit (the “County Suit”) in the state circuit court in and for Miami-Dade County against 17 defendants to seek reimbursement for the cost of remediating environmental contamination at Miami International Airport (the “Airport”).

 

Also in April 2001, the County sent a letter to approximately 250 potentially responsible parties (“PRP’s”), including World Fuel Services Corporation and one of our subsidiaries, advising of our potential liability for the clean-up costs of the contamination that is the subject of the County Suit.  The County has threatened to add the PRP’s as defendants in the County Suit, unless they agree to share in the cost of the environmental clean-up at the Airport.  We have advised the County that: (i) neither we nor any of our subsidiaries were responsible for any environmental contamination at the Airport, and (ii) to the extent that we or any of our subsidiaries were so responsible, our liability was subject to indemnification by the County pursuant to the indemnity provisions contained in our lease agreement with the County.

 

If we are added as a defendant in the County Suit, we would vigorously defend any claims, and we believe our liability in these matters (if any) should be adequately covered by the indemnification obligations of the County.

 

Brendan Airways Litigation

 

One of our subsidiaries, World Fuel Services, Inc. (“WFSI”), is involved in a dispute with Brendan Airways, LLC (“Brendan”), an aviation fuel customer, with respect to certain amounts Brendan claims to have been overcharged in connection with fuel sale transactions from 2003 to 2006.  In August 2007, WFSI filed an action in the state circuit court in and for Miami-Dade County, Florida, seeking declaratory relief with respect to the matters disputed by Brendan.  In October 2007, Brendan filed a counterclaim against WFSI.  In February 2008, the court dismissed WFSI’s declaratory action.  Brendan’s counterclaim remains pending as a separate lawsuit against WFSI, and Brendan is seeking $4.5 million in damages, plus interest and attorney’s fees, in its pending action.  We believe Brendan’s claims are without merit, and we intend to vigorously defend all of Brendan’s claims.

 

As of September 30, 2011, we had recorded certain reserves related to the proceedings described above which were not significant.  Because the outcome of litigation is inherently uncertain, we may not prevail in these proceedings and we cannot estimate our ultimate exposure in such proceedings if we do not prevail.  Accordingly, a ruling against us in any of the above proceedings could have a material adverse effect on our financial condition, results of operations or cash flows.

 

Other Matters

 

In addition to the matters described above, we are involved in litigation and administrative proceedings primarily arising in the normal course of our business.  In the opinion of management, except as set forth above, our liability, if any, under any other pending litigation or administrative proceedings, even if determined adversely, would not materially affect our financial condition, results of operations or cash flows.