Actually, the judge’s reasoning apparently has zilch to do with a breach of contract claims: “Thompson called it a matter of fairness and said Nevada voters will benefit if they hear from more than just Hillary Rodham Clinton, Barack Obama and John Edwards.” From http://www.msnbc.msn.com/id/22656153/
Then again, maybe the contract issue is central here: “The judge decided an initial invitation to Kucinich to debate represented a contract between the candidate and MSNBC, and ruled that if MSNBC doesn’t include Kucinich, it was prohibited from broadcasting the debate.” http://hosted.ap.org/dynamic/stories/K/KUCINICH_DEBATE?SITE=FLTAM&SECTION=HOME&TEMPLATE=DEFAULT
Wish I could find the actual decision. Haven’t been able to, though...