Johnson Industrial Sales, Inc. v. Strema Sales Corp.

MEMORANDUM **

Johnson Industrial Sales, Inc. (“JIS”) brought the present lawsuit against TRW Vehicle Safety Systems, Inc. (“TRW”) alleging inducement of breach of contract and tortious interference with the contract it had with its principal, Wayne Wire Cloth Products, Inc. a/k/a Strema Sales Corporation (“Wayne Wire”). JIS appeals a number of the district court’s decisions. We affirm in part, reverse in part, and remand for reinstatement of the jury verdict with recalculation of the offset.

1. The district court erred in granting TRW’s Federal Rule of Civil Procedure 50(b) motion as to lost profits.

We review a district court’s grant of a renewed motion for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50(b) de novo. White v. Ford Motor Co., 312 F.3d 998, 1010 (9th Cir.2002). “The test is whether the evidence construed in the light most favorable to the nonmoving party, permits only one reasonable conclusion, and that conclusion is contrary to that of the jury.” Id. (quotation marks omitted).

In order to establish lost profits, JIS “must show loss of net pecuniary gain, not just loss of gross revenue.” Kids’ Universe v. In2Labs, 95 Cal.App.4th 870 ,…