Arbitron, Inc. v. Tralyn Broadcasting
Docket: No. 08-3921-cv
Court: Court of Appeals for the Second Circuit; July 21, 2009; Federal Appellate Court
Defendant-Appellant JMD, Inc. (JMD) appeals the summary judgment decision by the United States District Court for the Southern District of New York, which ruled in favor of Plaintiff-Appellee Arbitron, Inc. (Arbitron), awarding $487,853.91 plus interest in damages. The court's previous ruling in Arbitron Inc. v. Tralyn Broadcasting, Inc. established that an "escalation clause" in a 1997 agreement between Arbitron and Tralyn, later assigned to JMD, was enforceable. On remand, the court directed JMD to demonstrate whether Arbitron violated the implied covenant of good faith and fair dealing, a principle inherent in New York contracts. However, JMD primarily attempted to reargue points already decided in the prior case and did not provide adequate evidence to contest Arbitron's good faith performance of the contract. Therefore, the appellate court affirms the District Court’s judgment for the reasons articulated in the original ruling.