Legal Opinion
Sprint Communications Co. v. Western Innovations, Inc.
District Court, D. Arizona
Decided May 22, 2009No. cv-06-2064-PHX-ROSPublishedCited by 3 opinions
1Opinion of the Court
OPINION
ROSLYN O. SILVER, District Judge.
It is apparent to this Court that the Court’s discussion of loss of use damages in the March 9, 2009, 618 F.Supp.2d 1101, 2009 WL 597212 Order was incomplete; specifically, it did not address the question of the onetime installation fee claimed by Plaintiff as part of the rental cost of a substitute cable. This opinion addresses that matter.
Preliminarily, Plaintiff argues that this constitutes an inquiry into the proper amount of damages, a question of fact rather than of law. However, it is not a question of the amount, but rather of the proper measure…
2Cases cited7 opinions
- BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
- Berkey v. Third Avenue Railway Co.New York Court of Appeals · 1926
- Jacobs v. Rosemount Dodge-Winnebago SouthSupreme Court of Minnesota · 1981
- Aries v. Palmer Johnson, Inc.Court of Appeals of Arizona · 1987
- Tritschler v. Allstate InsuranceCourt of Appeals of Arizona · 2006
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3Cited by3 opinions
- Mci Commc'ns, Inc. v. Maverick Cutting & Breaking LLCDistrict Court, D. Maine · 2019
- MCI Communications Services, Inc. v. Maverick Cutting and Breaking LLCDistrict Court, D. Minnesota · 2019
- Sprint Communications Company LP v. FNF Construction IncorporatedDistrict Court, D. Arizona · 2019