Leonetti's Frozen Foods,Inc. v. Crew, Inc., No. 17-1445 (8th Cir. 2018)
Annotate this CaseLeonetti's filed suit against Crew for negligence, breach of contract, breach of fiduciary duty, and trade libel. Leonetti's alleged that an email sent by the president of Crew caused Sam's Club to decline to purchase Leonetti's stromboli products. The district court granted summary judgment for Crew on each count except the breach of contract count, which was later dismissed with prejudice. The Eighth Circuit reversed the district court's grant of summary judgment, holding that there was a genuine issue of material fact as to the causation of the project termination. In this case, the district court failed to consider Leonetti's evidence offered to rebut an email explaining that Sam's Club was terminating the project for product quality concerns.
Court Description: Erickson, Author, with Loken and Benton, Circuit Judges] Civil case - Contracts. A genuine issue existed as to why plaintiff's potential customer chose to terminate the project plaintiff was developing with the customer, and while there was no direct evidence that the customer cancelled because of an email Crew, plaintiff's consultant, sent, there was sufficient circumstantial evidence to show causation on plaintiff's theory of termination,and the district court erred in granting Crew's motion for summary judgment
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