New Image Laboratories, Inc. v. Stephan Co.

MEMORANDUM **

The Stephan Co. and Stephan Distributing, Inc. (collectively “Stephan”) appeal the order of the district court granting partial summary judgment against them and in favor of New Image Laboratories, Inc., (“New Image”) on New Image’s claims of breach of contract and breach of the implied covenant of good faith and fair dealing. New Image cross appeals the partial summary judgment granted in favor of Stephan on New Image’s claim of promissory fraud/deceit, the district court’s decision not to award New Image damages for diminution in stock value and the district court’s denial of attorney fees to New Image. This is a diversity action arising under Florida law and our jurisdiction lies under 28 U.S.C. § 1291 . We reverse in part, affirm in part and remand for further proceedings.

We review a grant of summary judgment de novo. Balint v. Carson City, 180 F.3d 1047, 1050 (9th Cir.1999) (en banc). The court must determine, upon viewing the evidence in the light most favorable to the nonmoving party, whether the district court correctly applied the relevant substantive law and whether any genuine issues of material fact exist. Id. Because the parties are familiar with the…