Logix Development v. Faherty
In Logix Development Corporation v. Faherty (Nov. 14, 2007, B178872 [nonpub. opn.]) (hereafter Logix I), Court affirmed in part, reversed in part and remanded a judgment in excess of $22 million, which Court reduced to $8,388,385 in favor of Logix Development Corporation, D. Keith and Anne Howington (collectively respondents in Logix I and in this appeal), and against appellant J. Roger Faherty. Under our decision in Logix I, Logix Development Corporation (Logix) recovered $5,536,102 and the Howingtons recovery was $2,852,483, totaling $8,388,385. Court ordered that a settlement of $8,032,500 received by respondents be credited against the judgment; this reduces the judgment to $356,085. We remanded with directions for a new trial on the issue whether a channel named Spice Hot was an explicit channel; only if Spice Hot was explicit respondents could recover $356,085. In other words, if the Spice Hot channel was not explicit, respondents will recover nothing.
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