Breaking: Judge Denies BSU’s Request for a Re-Trial in Big City Coffee Case

By Greg Pruett • January 3, 2025

A judge has denied Boise State University’s request for a re-trial in the Big City Coffee case but has lowered the business losses by owner Sarah Fendley.

4th District Court Judge Cynthia Yee-Wallace denied the request for re-trial by Leslie Webb, in her official capacity as Vice-President of Student Affairs and Enrollment Management, and Alicia Estey, in her official capacity as Vice President for University Affairs and Chief of Staff, who wanted a re-trial after a jury had sided with Big City Coffee last year. The lawsuit took place over several years after the company said it lost its business and was pressured off BSU’s campus over a pro-police flag at one of its off-campus locations.

In a court document obtained by the Idaho Dispatch, the conclusion by the judge said,

“For the reasons set forth above, Defendants’ motion for new trial is DENIED, subject to Plaintiffs accepting the amount of $696,313 for their business losses, which is the $1,000,000 that the jury awarded for these damages, minus $303,387. Plaintiffs must evidence their acceptance of this amount by filing a remittitur of the jury’s damage award by a stated amount. Plaintiffs are given the choice of either submitting to a new trial on the issue of their business losses, or accepting the damage amount that this Court considers justified for their business losses, i.e, $696,313.

Fendley has reportedly agreed to the reduction in losses.