United States Seventh Circuit

In a dispute arising from defendant's supplying of a defective batch of an ingredient used by plaintiff to manufacture an ointment, partial summary judgment for defendants as to plaintiff's requests for lost profits and overhead costs is affirmed where: 1) plaintiff was fully compensated for defendant's breach by defendant's reimbursement for the costs of making product that had to be destroyed, the costs of destroying it and the overtime required to manufacture replacement product, and an award of lost profits would have constituted a windfall; and 2) plaintiff did not produce evidence that its overhead costs increased because of the breach, or that it lost profits that otherwise would have covered those costs.

Appellate Information

• Argued 04/16/2008
• Decided 09/08/2008
• Published 09/08/2008

Judges

• WOOD, Circuit Judge., Before EASTERBROOK, Chief Judge, and WOOD and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Luke DeGrand (argued), DeGrand & Wolfe, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Alan W. Nicgorski (argued), Scandaglia & Ryan, Chicago, IL, for Defendant-Appellee.