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J. C. Penney Company, Inc. Message Board

  • messnervan messnervan Jul 3, 2014 11:37 AM Flag

    Towards the End of the Article


    Penney is going to appeal the verdict that said they had violated the contract Macy's had with Martha. But Macy's then said it would appeal the part of the ruling that awarded them no punitive damages (even though they were awarded actual damages and attorney fees.) Talk about another dumb move on Penney's part.

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    • The notion that JCP should be liable for a contract violation by MSLO and Macy*s is a reach. Tortuous interference is a part of common law that was never intended to apply in cases where sophisticated and fully informed entities, specifically MSLO, were acting in accordance with their own free will. This is the equivalent of, "The devil made me do it." And even if JCP was complicit, what portion of the damages could they possibly be liable for? Maybe 10%? I bet that MSLO got off scot-free in their confidential resolution to the issue.

      If you're ticketed for speeding, do you sue the auto manufacturer for tortuous interference because the manufacturer gave you the ability to speed knowing full well that you would eventually do so? What liability do gun manufacturer's have? JCP enabled MSLO to violate its contract with Macy*s, but did not force it to do so. In that sense it did not interfere, as required by common law, but JCP only enabled a violation.

      If you consider the implications of this situation to MSOL, Macy*s, if right in their claim, would effectively have complete control over certain portions of their business, though the agreement specifically provides otherwise.

    • Time for a Yogi quote, Mess?..."It ain't over till it's over"?

      What I read is, "Justice Jeffrey Oing ordered the issue of damages and attorney's fees be referred to a special referee". IMO JCP will come out of this O.K.

    • 1. Remove pistol from holster
      2. insert bullet or bullets
      3. shoot self in foot until you run out of toes.

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