Entertainment USA, Inc. v. Moorehead Communications, Inc.

Dist. Ct. did not err in finding that plaintiff had failed to prove its damages in action alleging that defendant breached contract calling for defendant to pay plaintiff referral fees for cell-phone activations and upgrades made through customers in plaintiff’s network of retail dealers. Dist. Ct. found for plaintiff, albeit under limited basis, when it concluded that plaintiff could recover for customers’ entry into two-year, post-paid phone contracts, and plaintiff presented damages calculation that aligned itself only with plaintiff’s broad theory of liability. Moreover, plaintiff’s evidence on damages could not be disaggregated and recalculated in accordance with Dist. Ct.’s narrower bases for finding liability, and plaintiff had otherwise failed to file motion to reconsider to present evidence of damages in accordance with Dist. Ct.’s liability findings.