Lotus Development Corporation v. Borland International, Inc. (516 U.S. 233)

U.S. Supreme Court · decided January 16, 1996 · Supreme Court Database (Spaeth)

Citation
516 U.S. 233 · 116 S. Ct. 804
Decided
January 16, 1996
Term
October Term 1995
Vote
4–4
Issue area
Economic Activity
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Liberal

Opinion excerpt

516 U.S. 233 (1996) LOTUS DEVELOPMENT CORP. v. BORLAND INTERNATIONAL, INC. v. BORLAND INTERNATIONAL, INC. No. 94-2003. Supreme Court of United States. Argued January 8, 1996. Decided January 16, 1996 Henry B. Gutman argued the cause for petitioner. With him on the briefs were Kerry L. Konrad, Jeffrey E. Ostrow, Arthur R. Miller, Neal D. Goldman, and Donald J. Rosenberg. Gary L. Reback argued the cause for respondent. With him on the brief were Michael Barclay, Susan A. Creighton, and Katherine L. Parks. [*] Per Curiam. The judgment of the United States Court of Appeals for the First Circuit is affirmed by an equally divided Court. *234 Justice Stevens took no part in the consideration or decision of this case. NOTES [] Together with No. 94-1477, Korean Air Lines Co., Ltd. v. Zicherman, Individually and as Executrix of the Estate of Kole, et al., also on certiorari to the same court. [] Juanita M. Madole, Donald W. Madole, George E. Farrell, Milton G. Sincoff, and Steven R. Pounian filed a brief for Philomena Dooley et al. as amici curiae urging reversal. [] The jury also awarded petitioners $161,000 in survivors' grief, $16,000 to Zicherman for loss of support and inheritance and $100,000 to Zicherman for the decedent's pain and suffering. The Second Circuit has set aside the award of grief damages and has remanded for further proceedings on the award for loss of support and…

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