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Thome and Butterfield Prevail in Business Tort Case Involving the Sale of Broadcast Radio Stations

December 7, 2016

Sheri Thome (Partner-Las Vegas) and Chad Butterfield (Associate-Las Vegas) prevailed on all claims on behalf of a national radio broadcasting company that had sold broadcast radio stations to the plaintiff. The plaintiff-buyer alleged that the company had breached the purchase contract and a separate sales and marketing agreement, delivered faulty equipment and assets, and interfered with contractual agreements resulting in termination of valuable national advertising contracts, among other claims. The plaintiff-buyer sought in excess of $100 million in damages. The seller asserted counterclaims arising out of the plaintiff-buyer’s breach of a sublease agreement. Following extensive discovery, Sheri and Chad obtained summary judgment on the majority of the plaintiff-buyer’s claims. They subsequently obtained judgment on the remaining claims after filing a motion to preclude the plaintiff-buyer from presenting evidence of its damages at trial, based on its failure to comply with the mandatory disclosure requirements under the Federal Rules of Civil Procedure. Sheri and Chad also obtained summary judgment on the seller’s counterclaim for breach of the sublease, and the District Court awarded the seller its full attorney’s fees and costs incurred. 

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