United States Eighth Circuit
Curtis Lumber Co. v. Louisiana Pac. Corp., 09-2602
In an action by a retail supplier of building materials regarding defendant's alleged failure to follow through on defendant's rebate promotion that plaintiff promoted to many of its customers, partial summary judgment for defendant is affirmed in part where the testimony offered by plaintiff fell short of the elevated burden for proving fraud by circumstantial evidence. However, the judgment is reversed in part where: 1) plaintiff alleged distinct injuries that would not have occurred had defendant paid rebates owed to plaintiff's customers; and 2) there was a question of material fact as to whether defendant's rebate documents misrepresented or omitted a material term of the rebate promotion.
Appellate Information
- Decided 08/24/2010
- Published 08/24/2010
Judges
- Michael J. Melloy
Court
- United States Eighth Circuit