Education Logistics, Inc. v. Laidlaw Transit, Inc.

dissenting in part:

I would affirm the judgment below in full for the reasons well stated by the district court in its order ruling on the post-trial motions.

MEMORANDUM **

This case concerns an action for breach of a contract (the “Agreement”) between Plaintiff Education Logistics, Inc. (“Edu-log”) and Defendant Laidlaw Transit (“Laidlaw”). The parties are familiar with the facts. The district court upheld the jury’s verdict in favor of Edulog, but reduced the damages award on the grounds that certain damages were barred by a contractual limitation on liability and other damages were duplicative. Both parties appeal. 3 For the reasons given below, we conclude that the district court’s reductions should be vacated and the original jury verdict should be reinstated.

I. Lost Annual License Maintenance Fees Award

For breach of Laidlaw’s contractual duty to promote Edulog’s software, the jury awarded Edulog various lost profits, including lost license fees, lost royalties, and lost annual license maintenance fees. The district court found that the license fees and royalties were recoverable, but the annual license maintenance fees were barred by Section 13 of the Agreement, which reads:

We review de novo a trial court’s decision on a motion for judgment as a matter of law, viewing the evidence in the light most favorable to the…

FILED

NOT FOR PUBLICATION JUL 14 2014

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

EDUCATION LOGISTICS, INC. and Nos. 13-35264, 13-35323

LOGISTICS MANAGEMENT, INC.,

D.C. No. 9:07-cv-00006-DWM Plaintiffs-Appellants/Cross-Appellees,

v.

MEMORANDUM*

LAIDLAW TRANSIT, INC.,

Defendant-Appellee/Cross-Appellant.

Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding.

Argued and Submitted June 6, 2014 Seattle, Washington

Before: McKEOWN and WATFORD, Circuit Judges, and ROTHSTEIN, Senior District Judge.**

This case concerns an action for breach of a contract (the “Agreement”)

between Plaintiff Education Logistics, Inc. (“Edulog”) and Defendant Laidlaw

Transit (“Laidlaw”). The parties are familiar with the facts. The district court

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. The Honorable Barbara Jacobs Rothstein, Senior District Judge for the U.S. **

District Court for the Western District of Washington, sitting by…