Ascente Business Consulting, LLC v. DR myCommerce, No. 20-2474 (8th Cir. 2021)
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Ascente filed suit against Digital River for Minnesota contract, fraud, and fraud-adjacent claims. Ascente's claims arose after it hired Digital River to build a customer-facing web portal and the portal fell below Ascente's expectations.
The Eighth Circuit affirmed the district court's denial of Ascente's motion to amend its fraud and reckless-misrepresentation claims where amendment would be futile. The court concluded that there was no error in granting summary judgment on the contract claims where Ascente failed to raise a triable issue of fact regarding whether Digital River breached its purported duties. The court also concluded that there was no error in granting summary on the fraudulent inducement claim where Ascente failed to raise a triable issue of fact regarding its actual reliance.
Court Description: [Grasz, Author, with Smith, Chief Judge, and Shepherd, Circuit Judge] Civil case - Contracts. The district court did not err in denying plaintiff's motion to amend its previously-dismissed fraud and reckless-misrepresentation claims on the ground that it would be futile to permit the proposed amendments; the district court did not err in granting defendant summary judgment on plaintiff's contract claims as plaintiff failed to raise a triable fact issue on whether defendant breached its purported duties; on plaintiff's fraudulent-inducement claim plaintiff failed to raise a triable issue as to whether it acutally relied on the alleged fraudulent-inducement and summary judgment was appropriate.
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