WXON-TV, Inc. v. A.C. Nielsen Co.

MEMORANDUM ON RECONSIDERATION

COHN, District Judge.

I

On July 2, 1990, 740 F.Supp. 1261, the Court issued a Memorandum and Order in this contract case dismissing plaintiff WXON-TV’s (WXON) claim for consequential damages arising out of defendant A.C. Nielsen’s (Nielsen) failure to provide it accurate ratings information. The Court held, however, that WXON may have a claim for a refund of fees it had paid for the defective information if Nielsen failed to “use all reasonable efforts to provide [WXON] data of the highest quality practicable.”

Both parties have moved for reconsideration. Nielsen…