ESPN, INC. V. OFFICE OF THE COMMISSIONER OR BASEBALL
76 F. Supp. 2d 416 (1999)
NATURE OF THE CASE: ESPN (P) moved in limine to preclude the submission of evidence of
damages by Commissioner (D) in upcoming trial over P's preemption of game broadcasts, on the
grounds that P had fully paid D under their contract, and D failed to provide any basis for
damages.
FACTS: In its November 22 opinion, the court ruled that P breached its 1996 telecasting
agreement with D when it preempted six baseball games scheduled for Sunday nights in
September 1998 and September 1999 without the prior written approval of D. D claims that it
has been damaged in an amount 'believed to exceed millions of dollars' as a result of P's
breach of the Agreement. D received full payment from P under the contract, and as such it
may only seek extra-contractual damages stemming from the six preemptions. P seeks to
preclude D from introducing testimony or other evidence of its alleged monetary damages. P
contends that 'there is no factual basis to support any claim for monetary damages arising
from these perceived injuries, and that such claims are the product of speculation and
guesswork.'
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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