Redgrave v. Boston Symphony Orchestra, Incorporated Case Brief Summary | Law Case Explained

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Redgrave v. Boston Symphony Orchestra, Incorporated | 855 F.2d 888 (1988)

Some damages resulting from contract breaches may not be available if calculating an award would be too speculative. The case of Redgrave versus Boston Symphony Orchestra, Incorporated puts the spotlight on a very public breach-of-contract claim with specific allegations of professional losses.

Actress Vanessa Redgrave contracted with the Boston Symphony Orchestra to narrate a series of concerts. When this was announced, orchestra subscribers and community members called the orchestra protesting Redgrave’s involvement because Redgrave publicly supported the Palestine Liberation Organization, was vocal about her views on the state of Israel, and received media attention for her political activities.

After fielding these protests, the orchestra canceled its contract with Redgrave and the concert series she was contracted to narrate. The orchestra alleged that the cancellation was for the physical safety of the audience and orchestra from protestors and to guard against disruptions that would take away from the artistic qualities of the concerts.

Redgrave claimed that following the orchestra’s cancellation, Redgrave lost out on professional opportunities and struggled in her career. After the cancellation, a few movie deals fell through, and a Broadway director chose not to offer Redgrave a job they had discussed.

Redgrave sued the Boston Symphony Orchestra for breach of contract as well as a Massachusetts civil-rights violation. The case went to trial and the jury found for Redgrave on the contract claim. The district court awarded Redgrave her performance fee but overturned the jury’s grant of consequential damages on First Amendment grounds. The district court found for the orchestra on the civil-rights claim. Redgrave appealed and the orchestra cross-appealed. The First Circuit certified two questions to the Massachusetts Supreme Judicial Court and then entered a panel opinion. The opinion was then withdrawn to consider the case en banc.

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