United States Seventh Circuit
Delta Counsulting Group, Inc. v. R. Randle Constr., Inc., 07-3660
In a suit over unpaid bills for work done by a consulting firm, summary judgment for plaintiff-firm is affirmed where: 1) defendant did not raise a genuine issue of material fact regarding the existence of an account stated; 2) the defendant waived his argument that the district court erred in holding him personally liable for the unpaid invoices; 3) defendant's objective conduct manifested a clear, unequivocal and decisive intention to waive its rights; and 4) the district court did not abuse its discretion by striking a portion of defendant's counterclaim. The case is remanded to determine the correct postjudgment interest rate under 28 U.S.C. section 1961(a).
Appellate Information
- Argued 10/23/2008
- Decided 02/05/2009
- Published 02/05/2009
Judges
- BAUER, Circuit Judge., Before BAUER, WOOD, and TINDER, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellees:
- Boris A. Kaupp (argued) Reinert & Rourke, St. Louis, MO, for Plaintiff-Appellee., John E. Hilton, Carmody MacDonald, St. Louis, MO, D. Lynn Whitt (argued), Pollack & Whitt, Mountain Grove, MO, for Defendants-Appellants.