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01-1978 Eclipse Media Inc., et al. v. Quad/Creative Inc., et al.

By: dmc-admin//June 25, 2002//

01-1978 Eclipse Media Inc., et al. v. Quad/Creative Inc., et al.

By: dmc-admin//June 25, 2002//

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Quad Creative Inc., Quad Creative LLC, and Quad Merger Inc. (collectively, Quad), appeal from the judgment entered after a jury found them liable to Eclipse Media Inc. (Eclipse) under the theories of breach of contract, quantum meruit, and promissory estoppel, and found Quad liable to Fred Eisenhauer and Mark Bosley on their claims of quantum meruit and promissory estoppel. Quad contends that it was entitled to judgment notwithstanding the verdict because, as a matter of law, there was no binding oral contract between Quad and Eclipse. Quad also alleges that the evidence is insufficient to support the jury’s verdict that Quad and Eclipse entered into an oral agreement. Finally, Quad claims that the trial court erred in allowing Eclipse contract damages that made it better off than it would have been had the parties performed under the contract.

Eclipse, Eisenhauer, and Bosley cross-appeal from the trial court’s order dismissing their intentional and statutory misrepresentation claims, and that part of the judgment wherein the trial court reversed the jury’s award of attorneys’ fees and denied recovery of prejudgment interest, non-taxable costs and other taxable costs. Eclipse contends that the trial court erred in granting Quad’s motion for summary judgment with respect to Eclipse’s misrepresentation claims, and further erred in denying Eclipse’s request for leave to amend its pleadings. Eclipse also alleges that the trial court erred in reversing the jury’s verdict on the issue of its attorneys’ fees. We affirm the trial court with respect to all issues except contract damages.

With respect to contract damages, the award is reversed and the matter remanded for the trial court to enter judgment in the amount of $126,268.

This opinion will not be published.

Dist I, Milwaukee County, Hansher, J., Per Curiam

Attorneys:

For Appellant: Jennifer J. Kent, Milwaukee

For Respondent: Jane C. Schlicht, Milwaukee; James P. Odda, Milwaukee

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