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ARBITRON, INC. v. TRALYN BROADCASTING, INC.

Docket Nos. 03-9276(L), 04-0264-cv(CON).

400 F.3d 130 (2005)

ARBITRON, INC., Plaintiff-Appellant, v. TRALYN BROADCASTING, INC., Defendant, JMD, INC., doing business as WLNF-FM, doing business as WROA-AM, doing business as WZKX-FM, doing business as WGCM-AM-FM, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: March 4, 2005.

Attorney(s) appearing for the Case

Alfred R. Fabricant, Ostrolenk, Faber, Gerb & Soffen, LLP, New York, NY, for Plaintiff-Appellant.

Lawrence J. Bernard, Jr., Washington, D.C., for Defendant-Appellee.

Before: McLAUGHLIN, CALABRESI, and HALL, Circuit Judges.

CALABRESI, Circuit Judge.

This breach of contract dispute raises the question of whether, under New York law, two parties entering into a licensing agreement for radio ratings and data may authorize one party to adjust the price of that data unilaterally at some point in the future. Several issues of New York contract law are peripherally implicated in this case, and some of them are sufficiently important and unsettled that, under different circumstances, they might...

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