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Bakst v. Community Memorial Health System, Inc.

United States District Court for the Central District of California
2011 WL 13214315 (2011)

Written by Salina Kennedy, JD

Facts

Bakst (plaintiff) and Community Memorial Health System, Inc. (Community Memorial) (defendant) settled a lawsuit. The parties’ settlement agreement included a nondisparagement clause. Bakst sued Community Memorial for breach of contract, arguing that Community Memorial had made statements that damaged his reputation and prevented prospective employers from hiring him for fear that his poor reputation would harm their organizations. Bakst sought damages for his employment opportunities but not for generalized harm to his reputation. Community Health filed a motion in limine to prevent Bakst from introducing evidence of emotional distress or reputational damage, arguing that emotional distress and damage to reputation were tort damages and were not available in a breach-of-contract action.

Rule of Law

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Issue

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Holding and Reasoning (Morrow, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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