NY Court Affirms $1.3 Million Breach of Contract Award Against USSRC

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Last Friday, New York Supreme Court Judge Andrea Masley affirmed an arbitration award of $1.3 million dollars against the U.S. Space & Rocket Center (USSRC). The affirmed arbitration award is the result of a contract dispute between the USSRC and Space Race, LLC to produce the STEM-centric cartoon series Space Racers.

In late 2018, a three-member arbitration board wrote that USSRC CEO and Executive Director, Dr. Deborah Barnhart, took an active role in the cancellation of a NASA grant to fund the cartoon series.

Barnhart did nothing to prevent the premature termination of the CAN, and in fact participated in making it happen. For these reasons, USSRC’s argument that it was not obligated to pay to Space Race third year fùñding which it never received from NASA is unavailing. A party cannot lawfully act in this manner and then seek to be excused for its wrongful conduct when the funding does not materialize because of its own actions and its failures to act

Final Award – Space Race, LLC, v ASSEC/USSRC 11/12/2018

While the award has been confirmed, the judge is still considering if she will extend a temporary restraining order that prevents the USSRC from pursuing litigation to vacate the award in a second court filing made in Alabama.

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