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Unformatted text preview: misrepresentation claim. On review, the court denied recovery on both claims. The United States Supreme Court reversed and remanded. On remand, the court affirmed the jury verdict for $200,000, but on promissory estoppel grounds. In reaching its decision, the court held that news source's failure to plead promissory estoppel did not bar him from asserting the theory on appeal. The court explained that it was not unfair to to decide the case on the basis of promissory estoppel, because the case involved a novel legal issue, where the court adopted an approach closely akin to the theory on which the case was originally pled and tried. The court affirmed the decision of the intermediate appellate court on remand, but on the basis of promissory estoppel. Thus, the court affirmed the verdict in favor of for compensatory damages in the amount of $ 200,000....
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- Spring '08