Court Affirms Denial Of Summary Judgment In Suit Against Cumulus
February 17, 2010 at 11:50 AM (PT)
A debit card supplier's appeal of the denial of summary judgment in its suit against CUMULUS MEDIA has been rejected by the U.S. Court of Appeals in the Eleventh Circuit, according to LEAGLE.COM.
BMU, INC. and WORLD-WIDE CARD SOLUTIONS sued CUMULUS for breach of contract, claiming that CUMULUS failed to distribute its cards to listeners in the TALLAHASSEE market, and filed a motion for summary judgment. The lower court judge denied the motion after CUMULUS filed a statement of material facts and BMU failed to respond, thus making CUMULUS' version of the facts dispositive.
BMU claimed in its appeal that it did indeed respond, but the court said that it had merely added additional facts and did not respond to CUMULUS' statement.
On TUESDAY (2/16), the appeals court affirmed the lower court ruling in CUMULUS' favor.