Landmark Infrastructure Holding Co. v. R.E.D. Investments, LLC, No. 18-2186 (8th Cir. 2019)
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Lamar maintained and operated a billboard on land that it leased from R.E.D. After R.E.D. and Landmark executed an agreement under which Landmark agreed to pay R.E.D. in exchange for, among other things, the right to receive rent from Lamar, Landmark sued R.E.D. for breach of contract and sued R.E.D. and Defendant Van Stavern for fraudulent and negligent misrepresentation.
The Eighth Circuit affirmed the district court's judgment and held that the district court did not err by excluding the testimony of defendants' expert witness where the expert's opinions were not relevant because they were not supported by facts in the record. Furthermore, the district court did not err by denying defendants' request for reconsideration, because the discovery deadlines had passed and defendants failed to offer a substantial justification for their delay. Finally, the court held that the damages award were not duplicative and affirmed the attorneys' fee award.
Court Description: Arnold, Author, with Smith, Chief Judge, and Kelly, Circuit Judge] Civil case - Contracts. The district court did not err in excluding defendant's expert witness's testimony on the ground it was not supported by facts in the record or in denying its request for reconsideration based on information submitted after discovery deadlines had passed; the damage awards in the matter were not duplicative; attorneys' fees award affirmed.
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