United States Tenth Circuit

In a case arising from the efforts of a publishing company to reacquire a newspaper and an allegedly improper appraisal in connection therewith, dismissal of the publishing company's complaint is reversed where: 1) the district court misinterpreted New Jersey law in determining the standard of judicial review for appraisals; 2) the district court may review the appraisal for a mistake of law, a failure to consider the relevant evidence, and for the appraiser's exceeding its authority; and 3) breach of contract and breach of fiduciary duty claims were ripe.

Appellate Information

• Decided 07/19/2006
• Published 07/21/2006

Judges

• BRISCOE, Circuit Judge., Before BRISCOE, BALDOCK, and EBEL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Seth P. Waxman of Wilmer, Cutler, Pickering, Hale, and Dorr, LLP, Washington, D.C. (A. Stephen Hut, Jr., Patrick J. Carome, David S. Cohen of Wilmer, Cutler, Pickering, Hale, and Dorr, LLP, Washington, D.C., and Milo Steven Marsden of Dorsey & Whitney, LLP, Salt Lake City, UT, with him on the briefs), for Plaintiff-Appellant.


• For Appellees:
  
• Kevin T. Baine of Williams & Connolly, LLP, Washington, D.C. (Paul B. Gaffney of Williams & Connolly, LLP, James S. Jardine and Allan T. Brinkerhoff of Ray, Quinney & Nebeker, Salt Lake City, UT, with him on the briefs), for Defendants-Appellees, MediaNews Group, Inc. and Kearns-Tribune, LLC., Robert S. Clark and D. Craig Parry of Parr, Waddoups, Brown, Gee & Loveless, Salt Lake City, UT, filed a brief on behalf of Defendant-Appellee, Management Planning, Inc.