Engineered Sales, Co. v. Endress + Hauser, Inc., No. 19-1671 (8th Cir. 2020)Annotate this Case
Engineered Sales filed suit against Endress, alleging a violation of the Minnesota Termination of Sales Representatives Act. At issue is whether the Act, as amended in 2014, applies to their contractual relationship.
The Eighth Circuit reversed and remanded the district court's ruling as to whether Endress had "good cause" and otherwise violated the Act in its termination of the agreement. The court held that Engineered Sales continued to solicit orders with Endress's "consent or acquiescence" after August 1, 2014, and thus the parties' agreement was renewed after August 1, 2014, making the anti-waiver provision applicable to its terms. The court also held that the parties' Indiana choice-of-law provision would allow Endress to circumvent the requirements of the Act in this case, and thus the provision is void and unenforceable under Minn. Stat. 325E.37, subd. 7.