Judge P. Kevin Castel
Corporate Trade Inc.’s (CTI) 2012 lawsuit brought claims under New York law asserting Golf Channel’s unlawful interference with its contractual relationship with media-buying firm KSL Media Inc., which began in 2001. Under an alleged 2003 arrangement between Golf Channel and KSL, KSL received undisclosed rebates for all advertisements placed on Golf Channel on behalf of CTI’s client Callaway Golf Co. CTI claimed itself injured because only KSL profited from the placement of Callaway’s advertising with Golf Channel even though, according to its contract with KSL, all such profits were to be divided equally. Deeming CTI’s claims governed by New York’s three-year statute of limitations, district court dismissed CTI’s suit as time barred and ineligible for equitable estoppel. CTI’s claims accrued nine years before its lawsuit. Even if measured from the date of discovery, CTI’s complaint plausibly alleged awareness of Golf Channel’s allegedly tortious acts in 2008. Callaway “entered into settlement” with KSL in June 2008, and separately settled with Golf Channel in August 2008. Because Callaway acted on information supplied by CTI, in doing so, CTI was necessarily aware of the rebate arrangement before June 2008.
