Dunlap v. Starz Home Entertainment
Lindsay Dunlap appeals from the judgment entered upon a jury verdict in favor of Starz Home Entertainment, LLC (Starz) on its complaint against Dunlap alleging causes of action for breach of contract, fraud and negligent and intentional misrepresentation arising out of Dunlap’s sale of a license to certain rights she claimed to own to the “The Man from U.N.C.L.E†and “The Girl From U.N.C.L.E.†(the UNCLE television series). Dunlap asserts several errors on appeal. Specifically she claims that the trial court erred in failing to dismiss or stay the action based on the forum selection clause in the parties’ contract that designated New York as the proper forum for any dispute between the parties. In addition, Dunlap argues that the special verdict the jury used in this case cannot support the judgment because questions in the verdict omitted certain elements of the claims and/or were biased, ambiguous and confusing. Finally she argues that the punitive damage award must be reversed because Starz failed to present sufficient evidence of her ability to pay the award.
As we shall explain, only Dunlap’s argument on the punitive damage award has merit. Accordingly, we reverse the award of punitive damages and affirm in all other respects.
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