Wednesday, September 17, 2003

No loss-of-use damages where excess capacity prevented loss in fiber optic cable case

In MCI Worldcom Network Services, Inc. v. OSP Consultants, Inc., the Virginia Supreme Court in an opinion by Senior Justice Stephenson concluded in an answer to a certified question from the Fourth Circuit that a telecommunications company was not entitled to damages for loss of use where redundancy in its fiber optic network allowed it to avoid actual losses when one cable was damaged.

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