Byran Co. v. United States Surgical

MEMORANDUM **

Appellant U.S. Surgical (“USS”) entered into an exclusive, four-year requirements contract with appellee, The Byran Company (“Byran”), for various medical screws, plates, hooks and clamps. 1 Shortly thereafter, USS breached the contract, and later repudiated it. Byran sued USS claiming, inter alia, breach and repudiation, and USS filed a counterclaim alleging entitlement to an offset. The jury determined that (1) the parties had formed a valid contract, (2) USS breached the contract, (3) USS repudiated the contract, and (4) USS was not entitled to an offset. The jury awarded damages for breach and repudiation/lost future profits.

Following the trial, USS filed a motion for judgment as a matter of law (JMOL) and alternatively, for a new trial, challenging (1) the jury’s damage award for future lost profits (repudiation), and (2) the jury’s denial of the offset. The district court denied the motion and USS filed this timely appeal. We affirm.

We review de novo the district court’s grant or denial of a renewed motion for JMOL. G.C. & K.B. Inv., Inc. v. Wilson, 326 F.3d 1096, 1108 (9th Cir.2003). Under Fed.R.Civ.P. 50(b), when the prerequisite of a timely motion for a…