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Results: 1-10 of 92

"Mere Continuation" Doctrine Applied to Transfer Liability to Successor Entity
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • December 23 2015

It is an often-cited principle that an entity that purchases the assets of another entity is not liable for the debts and liabilities of the


Requirements contract or not? Courts disagree
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • December 7 2015

A contract for the sale of goods should state a quantity to be enforceable. (Uniform Commercial Code Article 2-201). Article 2 of the UCC permits a


Contract says terminable on 30 days' notice but court says, not really
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • October 20 2015

A recent case from the 7th Circuit Court of Appeals discussed an interesting issue of contract interpretation of termination provisions, denying


Be careful who you contract with and who you don't contract with non-party not bound
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • October 2 2015

Northbound Group, Inc. generated and sold life insurance leads under the brand name "Leadbot." It was fairly successful in the late 1990s but was on


Dissatisfied buyer loses $2.7 million on economic loss doctrine
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • September 16 2015

Child Craft, LLC (also known as Harrison Manufacturing, LLC) manufactured furniture for young children and infants. One of its key suppliers was


Update: bad faith negotiation or hard bargaining? Turns out to be hard bargaining
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • September 16 2015

In an August 3, 2011 Business Update, we reported on a 7th Circuit decision which a thwarted purchaser of a business sued to recover a $200,000


Wisconsin dairy equipment manufacturer gets milked by court
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • July 23 2015

BouMatic is a Wisconsin dairy equipment manufacturer. Tilstra Dairy Equipment was its dealer in southwestern Ontario. BouMatic was not happy with


Contract with one-sided termination enforced not a perpetual contract
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • June 22 2015

In an earlier Risk Management Update, we reported on an Illinois case in which the court declined to enforce what it considered to be a perpetual


Business owner loses $30 million through lack of due diligence
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • April 24 2015

William Carlson was a successful businessman. Carlson was the owner of Willis Capital LLC, through which he founded Belvedere Trading LLC in 2002


Exclusive is a dangerous word to use in agreement
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • March 2 2015

Many sales and distribution agreements purport to grant "exclusive" rights to a distributor or sales representative. A recent 7th Circuit Court of