Techlink, Inc. v. Grays Harbor Public Development Authority

Good Law
329 F. App'x 703
United States Court of Appeals for the Ninth CircuitMay 1, 2009No. 08-35086California788 words

Opinion

Lead Opinion

MEMORANDUM **

Techlink, Inc. appeals the district court’s partial grant of summary judgment to Grays Harbor Public Development Authority as to damages, and a jury verdict in favor of Grays Harbor on Techlink’s breach of contract claim. We affirm. Because the parties are familiar with the facts and procedural history of this case, we need not recount it here. We review the grant of summary judgment de novo. MetroPCS, Inc. v. City and County of San Francisco, 400 F.3d 715, 720 (9th Cir.2005). We review challenges to the formulation of a jury instruction for abuse of discretion. Dang v. Cross, 422 F.3d 800, 804 (9th Cir.2005).

I

We affirm the district court’s partial grant of summary judgment as to Techlink’s proposed “lost profits” theory of damages. Any error was harmless, as the damages theory presented to the jury was broader than the one Techlink sought; the jury could not have awarded Techlink damages under a lost profits theory "without also awarding damages under the instruction given at trial, which it declined to do. In addition, in order to achieve a damage award, the jury would have necessarily had to find Grays Harbor liable, and it did not.

II

The parties disagree…

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