You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

CNE Direct, Inc. v. Blackberry Corp.

Citations: 55 F. Supp. 3d 233; 2014 U.S. Dist. LEXIS 155345; 2014 WL 5464149Docket: Civil No. 14-10149-FDS

Court: District Court, D. Massachusetts; October 28, 2014; Federal District Court

Narrative Opinion Summary

The case involves a contractual dispute between CNE Direct, Inc. and Asset Recovery Associates Worldwide, Ltd. concerning the sale of mobile phone memory parts. CNE alleged breach of contract, breach of the implied covenant of good faith and fair dealing, and violation of Massachusetts General Laws ch. 93A by the defendant, which resulted in lost profits from a planned resale. The court issued a default judgment in favor of CNE, deeming the defendant to have admitted all allegations. The court accepted the plaintiff's claims of damages amounting to $851,034 based on lost profits supported by resale contracts, and also awarded reasonable attorneys’ fees of $139,961 and taxable costs of $5,404.61, excluding costs for computerized legal research. Furthermore, prejudgment interest was granted at a rate of twelve percent per annum from the date of breach, totaling $93,613.74. The total judgment awarded to CNE amounted to $1,090,013.35, inclusive of all claims, fees, costs, and interest, with interest continuing to accrue as provided by law.

Legal Issues Addressed

Attorneys’ Fees and Costs under Massachusetts General Laws ch. 93A

Application: The court found the claimed attorneys’ fees reasonable and awarded them in full, along with taxable costs, excluding those associated with computerized legal research.

Reasoning: CNE is also entitled to reasonable attorneys’ fees and taxable costs under chapter 93A. The court found the claimed attorneys’ fees of $139,961 to be reasonable and accepted taxable costs of $5,404.61, adjusting down from a claimed amount that included computerized legal research costs.

Breach of Contract and Damages Assessment

Application: The court accepted the plaintiff's calculation of damages based on lost profits as a result of the defendant's breach, supported by resale contracts and affidavits.

Reasoning: CNE's affidavit indicated that the breach cost them hundreds of thousands of dollars in profits. The attached resale contracts indicated a total resale price of $7,594,500, with expected net profits calculated at $851,034, which the court accepted as the proper damage award.

Default Judgment and Admission of Allegations

Application: The court held that the default judgment resulted in the defendant being deemed to have admitted all the allegations in the complaint, thereby simplifying the plaintiff's burden of proof.

Reasoning: The court determined that, following the entry of default, the defendant is deemed to have admitted all allegations in the complaint.

Prejudgment Interest Calculation

Application: Prejudgment interest was calculated at a statutory rate from the date of the breach, significantly increasing the total judgment awarded to the plaintiff.

Reasoning: Additionally, CNE is entitled to prejudgment interest at a rate of twelve percent per annum from the date of breach, November 27, 2013, amounting to $93,613.74.