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IMI Marketing, L.L.C v. Macy's East, Inc.

Citation: 96 F. App'x 791Docket: Docket No. 03-7260

Court: Court of Appeals for the Second Circuit; May 25, 2004; Federal Appellate Court

Narrative Opinion Summary

Plaintiffs appealed the district court's summary judgment in favor of the defendant, which was reviewed de novo. The case centers on the interpretation of Clause 26 of the Service Agreement regarding the plaintiff's ability to recover lost profits. The district court determined that the clause prohibited such recovery and also found the plaintiff's estimation of lost profits to be too speculative. The appellate court found no errors in the district court's judgment that would justify a reversal, affirming the lower court's decision.

Legal Issues Addressed

Affirmation of Lower Court's Decision

Application: The appellate court affirmed the district court's decision, finding no reversible errors in the judgment.

Reasoning: The appellate court found no errors in the district court's judgment that would justify a reversal, affirming the lower court's decision.

Contract Interpretation of Service Agreements

Application: The case involved the interpretation of Clause 26 of the Service Agreement, specifically concerning the recovery of lost profits by the plaintiff.

Reasoning: The case centers on the interpretation of Clause 26 of the Service Agreement regarding the plaintiff's ability to recover lost profits.

Prohibition of Recovery for Speculative Lost Profits

Application: The district court determined that the contract clause prohibited the recovery of lost profits and deemed the plaintiff's estimation of such profits too speculative to warrant recovery.

Reasoning: The district court determined that the clause prohibited such recovery and also found the plaintiff's estimation of lost profits to be too speculative.

Standard of Review for Summary Judgment

Application: The appellate court reviewed the district court's summary judgment de novo, meaning they considered the matter anew, giving no deference to the district court's conclusions.

Reasoning: Plaintiffs appealed the district court's summary judgment in favor of the defendant, which was reviewed de novo.