Viewing: 8th Circuit contract cases

Eighth Circuit Contracts Cases 2011 (Part 9)

Semi-Materials Co., Inc. v. MEMC Electronic Materials, Inc. MEMC manufactures polysilicon, which is used to manufacture semiconductor chips and solar cells. Starting in 1996 MEMC’s wholly-owned subsidiary MEMC Pasadena, Inc. entered into informal, short-term arrangements with Semi-Materials’ predecessor-in-interest to help MEMC Pasadena sell silicon, and later silane gas, in South Korea in exchange for sales […] Read More

Eighth Circuit Contracts Cases 2011 (Part 8)

Wells Fargo Bank, N.A. v. WMR e-PIN, LLC The scope of an arbitration agreement can be expanded by positions taken by the parties in arbitration proceedings. Wells Fargo brought claims against WMR e-PIN and other respondents, alleging breach of contract and misappropriation of trade secrets. The claims arose out of a software licensing agreement and […] Read More

Eighth Circuit Contracts Cases 2011 (Part 7)

Anderson v. Hess Corp. The word “or” can cause confusion in a contract that can be expensive to resolve when the assistance of lawyers and federal judges is required. Diligent drafters should be on the lookout for potential ambiguity in order to avoid unnecessary expense and litigation. Anderson v. Hess Corp. is a case in […] Read More

Eighth Circuit Contracts Cases 2011 (Part 6)

Two cases decided by the Eighth Circuit in the latter half of 2011, Viasystems and KV Pharmaceutical, serve as a reminder that activities undertaken while negotiating and performing contracts can have a bearing on personal jurisdiction issues if the contracts are litigated. Viasystems, Inc. v. EBM-Papst St. Georgen GmbH & Co., KG In Viasystems, a […] Read More

Eighth Circuit Contracts Cases 2011 (Part 5)

Monarch Fire Protection Dist. v. Freedom Consulting & Auditing Services, Inc. According to the Eighth Circuit’s opinion in this case, under Missouri law a party to a breach of contract action can recover attorneys’ fees for enforcing its rights under the contract via an indemnification clause only if the clause expressly allows for it. But […] Read More

Eighth Circuit Contracts Cases 2011 (Part 4)

Owatonna Clinic — Mayo Health System v. Medical Protective Co. of Fort Wayne, Indiana Owatonna Clinic — Mayo Health System sued Medical Protective Company, its medical malpractice insurer, for refusing to defend and indemnify it in a malpractice suit. Medical Protective’s defense was that Owatonna had not complied with the insurance policy’s notice requirements. The […] Read More

Eighth Circuit Contracts Cases 2011 (Part 3)

Safety National Casualty Corp. v. Austin Resolutions, Inc. Safety National Casualty Corporation (“Safety National”) engaged Austin Resolutions, Inc. (“Austin”) to negotiate savings on bills from a hospital. The bills were Safety National’s responsibility by virtue of a claim against an excess workers’ compensation policy Safety National had issued. Under the oral agreement between Safety National […] Read More

Eighth Circuit Contracts Cases 2011 (Part 2)

Dingxi Longhai Dairy, Ltd. v. Becwood Technology Group, L.L.C. Becwood, a Minnesota-based distributor, contracted with Dingxi, a Chinese supplier, to purchase a large amount of organic Kosher inulin. Becwood planned to sell the inulin to Stoneyfield Farm, Inc. for use in yogurt products. Dingxi shipped the product in four separate shipments. Becwood paid for the […] Read More

Eighth Circuit Contracts Cases 2011 (Part 1)

The Weitz Co. v. MH Washington, LLC MacKenzie House, LLC, the developer of the 46th and Washington Townhomes in Kansas City, Missouri, hired The Weitz Company as general contractor. The project was fraught with difficulties, and Weitz sued MacKenzie, MH Washington, LLC (an entity of which MacKenzie was the managing member), and Summit Steel Fabricators, […] Read More