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Tag Archives: Contract

Tort/Negligence – Damages – Contract — Warranty – Civil Practice – Statute of Limitations – Faulty Windows – Wisconsin Law (access required)

Meifert v. MI Windows & Doors, Inc. In their amended complaint, plaintiffs continue to assert that their windows, which were allegedly designed, manufactured, and sold by defendant, caused direct economic loss to the windows and other property in the home and consequential economic loss. Recovery for such damages is barred by the economic loss doctrine.

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Tort/Negligence – Civil Conspiracy – Injury to Plaintiff – Special Damages – Contract Addendum – Unauthorized (access required)

Benedict College v. National Credit Systems, Inc. Defendant alleges that the plaintiff-college and defendant’s own sales representative entered into an addendum to the parties’ contract (1) that the sales rep was not authorized to sign and (2) that increased defendant’s potential liability. The defendant’s civil conspiracy counterclaim sufficiently alleges injury to defendant.

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Tort/Negligence – Invasion of Privacy – Misappropriation of Personality – Business Correspondence – Civil Practice – Statute of Limitations — Contract – Settlement Agreement – Indiana Law – Liquidated Damages (access required)

Insurance Products Marketing, Inc. v. Conseco Life Insurance Co. Despite a settlement agreement that severed the parties’ business ties, defendants have continued to use plaintiffs’ names on their business correspondence. By doing so, defendants may have been taking advantage of plaintiffs’ reputations or the value associated with their names.

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Contract – Unilateral – Auto Insurance – Glass Replacement – Reimbursement Rates — Acceptance by Performance (access required)

Southern Glass & Plastics Co. v. Kemper The defendant-insurer notified the plaintiff-auto glass replacement company of the insurer’s reimbursement rates and stated, “Performance of services irrevocably constitutes acceptance of the above price and billing instructions.” By proceeding with the work after receiving notice of the prices via phone conversation and fax, plaintiff accepted the prices.

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Labor & Employment – Contract – Confidentiality & Holdover Agreements – Inventor – Intellectual Property (access required)

Milliken & Co. v. Morin In an employment contract, a confidentiality agreement and an assignment of inventions do not restrain trade; therefore, they are not strictly construed against the employer. In this case, the confidentiality agreement and patent assignment are reasonable and enforceable.

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Intellectual Property – Trademark – Contract – Settlement Agreement – Natural Zone of Expansion – Cleaning Products – Electronics (access required)

Monster Daddy, LLC v. Monster Cable Products, Inc. The plaintiff-cleaning products company and defendant, a provider of audio and video products (including an electronics cleaning product), entered into a settlement agreement in 2007. The agreement granted plaintiff the right to extend its trademark into the natural zone of expansion for its various goods and services.

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Real Property – Easements – Contract – Unjust Enrichment – Matters Outside Easement – Public Utilities (access required)

Dutton v. Carolina Power & Light Co. Even though there is an express contract between the parties – an easement – since plaintiff contends that defendant is using the easement for purposes not covered by the easement, plaintiff has made out a claim for unjust enrichment. Defendant’s motion for partial summary judgment is denied.

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