Under Wild Skies v. NRA

Opposition to Demurrer

January 3, 2020

Filing Summary

This is UWS’s response to the NRA’s demurrer (NB: a demurrer is an equivalent to a motion to dismiss for failure to state a claim). UWS argues that the NRA knew that breaching its contract with UWS would result in UWS’s breach of its agreement with Winnercomm. UWS also claims that the NRA abandoned and repudiated its contracts with UWS.

Key Points

  • The amended complaint alleges that UWS has contractual obligations with Winnercomm to produce the Under Wild Skies television show and that the NRA’s breach of its obligations to UWS caused UWS to breach its obligations with Winnercomm. (Pg. 2.) The NRA responded that it was “not a party to any contract between UWS and Winnercomm, Inc.” (Pg. 2.) UWS replies that even though the NRA was not a party to the Winnercomm agreement, the NRA may be liable for consequential damages because the NRA and UWS “contemplated that non-performance by the NRA would result in UWS’ breach of the agreement with Winnercomm.” (Pg. 3.)
  • UWS alleges that the NRA “abandoned and repudiated the contract[,] which gives rise to a claim for anticipatory breach regardless of the time of performance.” (Pg. 4.)
  • The NRA and UWS have both an Advertising Agreement and a Sponsorship Agreement (collectively, the “Agreements”), which UWS asserts are “virtually identical.” (Pg. 4.) Both agreements require UWS to “deliver[] television episodes and air” them. (Pg. 4.) The Sponsorship Agreement “provides for certain content within the episodes.” (Pg. 4.)