DONALD THOMAS SCHOLZ, Plaintiff/Counterclaim-Defendant, Appellant/Cross-Appellee, v. BARRY GOUDREAU, Defendant/Counterclaim-Plaintiff, Appellee/Cross-Appellant., 901 F.3d 37

Summary

HOLDINGS: [1]-The district court did not err in granting summary judgment to the former band member on the guitarist's breach of contract claim because there was no genuine issue of material fact as to whether the former band member breached the earlier settlement agreement where he was not responsible for promotional language used by others; [2]-The guitarist was not entitled to amend his complaint pursuant to Fed. R. Civ. P. 15(b) because the evidence introduced by the former band member was not relevant only to the breach of contract claim but also to other claims and issues; [3]-The jury's finding that the former band member did not perform his obligations under the contract did not amount to showing reach because the jury did not find that the guitarist suffered damages as a result of the former band member's failure to perform his contractual obligations.