United States Seventh Circuit
Alliance 3PL Corp. v. New Prime, Inc., 09-3489
In plaintiff's breach of contract suit against a shipping carrier, for allegedly violating a back-solicitation clause by carrying bulk goods for one of plaintiff's former customers after plaintiff's contract with the customer ended, district court's judgment in favor of the plaintiff and denial of defendant's motions under Fed. R. Civ. P. 50 and 59 is reversed where: 1) the district court should have granted defendant's motion under Rule 50 for judgment as a matter of law as the fact remains that defendant's knowledge of the customer's business was acquired independent of plaintiff; and 2) under plaintiff's reading of "traffic," plaintiff loses because the back-solicitation clause covers only traffic that defendant "first knew" about as a result of doing business with plaintiff.
Appellate Information
- Argued 02/18/2010
- Decided 08/02/2010
- Published 08/02/2010
Judges
Court
- United States Seventh Circuit