Legal Opinion

Teen-Ed, Inc. v. Kimball International, Inc.

Court of Appeals for the Third Circuit

Decided April 23, 1980No. Nos. 79-1324, 79-1325PublishedCited by 38 opinions

1Opinion of the Court

OPINION OF THE COURT

ALDISERT, Circuit Judge.

A retailer appeals, in this diversity case, from an award of one dollar after a trial for breach of contract against a former supplier. Although the jury found the supplier liable for breach of contract, the retailer was precluded from offering basic damages testimony, with the result that a verdict for nominal damages was directed for the retailer. The failure of proof resulted from the trial court’s rulings that expert testimony was required on the calculation of lost profits and that appellant’s proposed expert testimony was inadmissible because…

2Cases cited2 opinions

  1. Fed. Sec. L. Rep. P 93,072 Securities and Exchange Commission v. Texas Gulf Sulphur Company, a Texas CorporationCourt of Appeals for the Second Circuit · 1971
  2. Jean Farner, as Administratrix of the Estate of John W. Farner, Deceased v. Paccar, Inc.Court of Appeals for the Eighth Circuit · 1977

3Cited by38 opinions

  1. Eisenberg v. GagnonCourt of Appeals for the Third Circuit · 1985
  2. Asplundh Manufacturing Division v. Benton Harbor EngineeringCourt of Appeals for the Third Circuit · 1995
  3. United States v. PalmeriCourt of Appeals for the Third Circuit · 1980
  4. Mid-South Grizzlies v. National Football LeagueCourt of Appeals for the Third Circuit · 1983
  5. Mississippi Chemical Corp. v. Dresser-Rand Co.Court of Appeals for the Fifth Circuit · 2002

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