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ESPN, Inc. v. Office of the Commissioner of Baseball

United States District Court for the Southern District of New York

76 F. Supp. 2d 416 (1999)

Relevant factsFree

ESPN (defendant) failed to air six scheduled baseball games but paid the full contractual amount due; the Office of the Commissioner of Baseball (Baseball) (plaintiff) sued anyway for additional damages it claimed exceeded millions of dollars in lost television-package value, revenue, and exposure. During discovery and at a hearing, Baseball was repeatedly unable to provide any concrete evidence of specific losses or damage amounts despite ESPN's requests. ESPN moved in limine to bar Baseball from presenting evidence of these unsupported monetary damages at trial.

IssueFree

Whether a party in a breach of contract suit may present evidence of extra-contractual damages that are reasonably certain.

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