United States Second Circuit

In a breach of contract case arising from the termination of a commercial relationship between the parties, an Independent Sales Organization (ISO) plaintiff and a bankcard processor defendant, the District Court's judgment that both had breached the contract but that defendant's liability was capped by the contract, and award of damages to defendant, are: 1) affirmed with respect to liability; but 2) vacated and remanded with respect to damages where the method of calculating damages gave defendant more than the expected value of the contract because it did not account for saved costs.

Appellate Information

• Published 2016/10/05

Judges

• LYNCH

Court

• United States Second Circuit

Counsel