Commercial Real Estate Investment, L.C. v. Comcast of Utah II, Inc.

Justice DURHAM,

opinion of the Court:

INTRODUCTION

11 Comeast of Utah II, Inc. (Comcast) appeals from the district court's grant of partial summary judgment in favor of Commercial Real Estate Investment, L.C. (CRE). The district court awarded CRE approximately $1.7 million in liquidated damages, plus approximately $2 million in interest, based on Comcast's breach of contract. On *1195appeal, Comeast challenges the enforceability of the liquidated damages clause in its contract with CRE. The parties dispute what law governs review of the enforceability of liquidated damages clauses. We hold that…