United States Ninth Circuit

District court judgment for plaintiff is affirmed, where: 1) plaintiff, a licensee of defendant, was a party to the settlement agreement as its joinder was timely, and defendant breached the agreement by using the same personnel to sell and market both Avis and Budget Rent-A-Car cars; 2) the district court did not err in applying Batson v. Kentucky to reject one of defendant's peremptory challenges to one of two Alaska Natives on the jury panel; 3) the district court did not abuse its discretion by allowing the jury to listen to plaintiff's expert witness on damages as well as defendant's; 4) under New York law, there was sufficient evidence to establish reasonable certainty for the amount of damages awarded by the jury to plaintiff; and 5) the law of the forum, Alaska, properly applied to diversity cases brought in or removed to the United States District Court for the District of Alaska, and the district court did not err by applying Alaska Rule of Civil Procedure 82 to the attorneys' fee award; but 6) the case is remanded for the court to reduce the prejudgment interest award.

Appellate Information

• Decided 03/06/2013
• Published 03/06/2013

Judges

• KLEINFELD

Court

• United States Ninth Circuit

Counsel