Chodos v. West Publishing Co.

Chodos v. West Publishing Co. - services from another...

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Chodos v. West Publishing Co. 92 Fed. App. 471 (2004) Fact: Operative Facts: West Publishing Co. refused to publish a book that Chodos agreed to make for them. Chodos won $300k, however appealed because he believed the jury instructed the wrong method for measuring recovery, for restitution. Issue: The amount Chodos can recover for restitution Rule: Recovery for restitution is, a reasonable value of the services rendered, provided they were of direct benefit to the defendant Rational: Basically he can recover the amount that it would have cost the defendant to obtain the
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Unformatted text preview: services from another person. Chodos states that, it should be value of his specific time and service, specifically the amount he could have earned in legal fees as a practitioner over the two years he devoted to writing his manuscript. But courts didnt buy it. The jury took a reasonable value of Chodoss services based on extensive testimony presented, on what another practicing attorney wouldve done the work for. Holding: The value of restitution reward is based off of the market rate. Synthesis: Dissent/Concurrences:...
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