Global Research Distribution, Inc. v. One Stop Mailing, LLC

Plaintiff filed a lawsuit for breach of contract, alleging that the defendant, a private mail service, delivered mailings late that plaintiff arranged to be sent on behalf of one of its customers. The trial court found that plaintiff had adequately alleged the existence of an implied-in-fact contract, but dismissed the claims because it could not adequately establish damages. Plaintiff appealed and defendant cross-appealed, alleging that the trial court incorrectly denied its request for attorney fees. The appellate court affirmed in part and reversed in part, finding that plaintiff had pled at least one form of cognizable damages and reversed the court’s dismissal with prejudice of plaintiff’s claim. (HETTEL and DAVENPORT, concurring)