United States Second Circuit

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Sleepy's v. Select Comfort Wholesale Corporation, 12-4437-cv

In this action arising out of a contractual agreement between plaintiff and defendant pursuant to which plaintiff sold beds manufactured by defendant, after the parties ended their business relationship, plaintiff brought suit for numerous claims including breach of contract, breach of the contract's implied covenant of good faith and fair dealing, unfair competition, and slander per se. Judgment in favor of defendant is: 1) vacated as to the judgment of dismissal of plaintiff's disparagement, breach of the implied covenant of good faith and fair dealing, and unfair competition claims, where dismissal was based on an erroneous interpretation of the contract; 2) vacated as to the judgment dismissing the slander per se claims; and 3) affirmed as to the dismissal of the remaining contract claims.

Appellate Information

  • Decided 02/27/2015
  • Published 02/27/2015

Judges

  • Leval

Court

  • United States Second Circuit

Counsel