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Hollywood Fantasy Corporation v. Gabor

United States Court of Appeals for the Fifth Circuit
151 F.3d 203 (1998)


Facts

Hollywood Fantasy Corporation (Hollywood) (plaintiff) contracted to have Zsa Zsa Gabor (defendant) appear in a fantasy vacation package in Texas. Hollywood had previously done one package but lost money. Two tickets had been purchased for the Texas package when Gabor cancelled the contract. Hollywood cancelled the event and later shut down. Since Gabor did not cancel due to a film opportunity allowed by the contract, Hollywood sued for breach of contract and fraud in district court. At trial, Hollywood claimed it had lost future profits of $250,000 for vacation packages and $1,000,000 for a television series based on the vacations, lost investments of $200,000 in the company, and spent $57,500 on expenses related to the Texas package. The jury found in favor of Hollywood in the amount of $100,000 for the breach and $100,000 for the fraud. The fraud verdict was set aside for insufficient evidence. Gabor’s motion for judgment of a matter of law for lack of evidence of breach was denied. Gabor appealed to the United States Court of Appeals for the Fifth Circuit.

Rule of Law

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Issue

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Holding and Reasoning (Rosenthal, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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