Arbitron, Inc. v. Tralyn Broadcasting, Inc.
United States Court of Appeals for the Second Circuit
400 F.3d 130 (2005)
Arbitron, Inc. (Arbitron) (plaintiff) entered into an agreement with Tralyn Broadcasting, Inc. (Tralyn) (defendant), under which Arbitron would allow Tralyn’s single radio station to use Arbitron’s listener data reports, and Tralyn would pay Arbitron a monthly licensing fee. The agreement included an escalation clause, under which Arbitron could increase the monthly license fee if Tralyn, or its successors, purchased or began to control additional radio stations. Tralyn was purchased by JMD, Inc. (JMD) (defendant), which controlled additional radio stations. Arbitron increased the monthly license fee to reflect JMD’s additional stations, but JMD refused to pay. Arbitron sued Tralyn and JMD for breach of contract. The district court granted summary judgment for JMD, finding the escalation clause impermissibly vague because it did not provide any basis for determining the new monthly license fee. Arbitron appealed.
Rule of Law
Holding and Reasoning (Calabresi, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 173,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.