Lakota Girl Scout Council, Inc. v. Havey Fund-Raising Management, Inc.

Lakota Girl Scout Council (plaintiff) hired Havey Fund-Raising Management (defendant) to run a fundraising drive with a $345,000 goal, but the drive raised only $88,842.32, and the Council sued for Havey's failure to perform as the contract required. At trial, the Council offered expert testimony establishing that the $345,000 goal had actually been feasible, and the district court let the jury determine damages on a lost-profits theory, resulting in a $35,000 award; Havey appealed, arguing the lost-profits question never should have gone to the jury.