DDR wins jury verdict in five week trial over development contract

Client(s) DDR Corp.

On August 18, 2012, after a five-week trial, a Michigan state court jury handed down a full defense verdict for Jones Day's client, DDR Corp., a major shopping center owner and developer, in a breach of contract suit seeking over $200 million in damages. The lawsuit claimed that DDR failed to provide development services under the Project Development Agreement for a planned mixed-use project called Bloomfield Park, located in Pontiac and Bloomfield Township Michigan. The project was halted, halfway through construction, when its owner ran out of money in November, 2008.

Before trial, the court granted a number of defense motions: it dismissed various tort claims at the pleading stage, granted partial summary judgment on liability for breaches prior to March 1, 2008, barred plaintiff's damages expert, and then struck plaintiff's lost profits claim. The case went to trial on a single count, a breach of contract claim seeking $220 million, a sum plaintiff claimed represented all of the costs incurred in reliance on DDR's contract promises. The jury returned a verdict of no breach.

BP1, LLC v. DDR Corp. et al, Case No. 09-099741-CZ (Oakland Cty. Circ. Ct., Mich.)