United States Sixth Circuit

In a contract dispute between the operator of a furniture store and a furniture manufacturer, judgment pursuant to a 2006 jury award in favor of store operator is vacated and remanded for a new trial on loss of business value damages where store operator waived any right to pursue lost profit damages at the 2006 trial because it failed to appeal a lost profits award of zero dollars from a 2002 trial.

Appellate Information

• Decided 12/11/2008
• Published 12/11/2008

Judges

• Before:  MARTIN and MOORE, Circuit Judges;  WEBER, Senior District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David W. DeBruin, Jenner & Block, Washington, D.C., for Appellant.  Marvin L. Karp, Ulmer & Berne, Cleveland, Ohio, for Appellee.   ON BRIEF:  Jason C. Hicks, Womble, Carlyle, Sandridge & Rice, Greensboro, North Carolina, John F. Morrow, Jr., Mark N. Poovey, Womble, Carlyle, Sandridge & Rice, Winston-Salem, North Carolina, for Appellant.  Marvin L. Karp, Ulmer & Berne, Cleveland, Ohio, for Appellee.