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Litigation and Alternative Dispute Resolution

Antitrust “Market Allocation” Claims Against Nation’s Two Biggest Grocery Wholesalers Survive Summary Judgment

Contact: Pat McLaughlin; Spencer Fane Britt & Browne LLP (Missouri, USA)

In re: Wholesale Grocery Products Antitrust Litigation, No. 13-1297 (May 21, 2014), the Eighth Circuit allowed an antitrust case brought by a small town, family owned grocery store in Iowa, D&G, Inc.,[1] to continue against the nation’s two largest wholesale distributors, SuperValu, Inc. and C&S Wholesale Grocers, Inc., finding disputed facts prevented summary judgment...


Manufacturer's Corner: Anatomy of a Limited Warranty (Part 1)

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

It’s a sad fact of life at companies and law firms that sometimes things are done a certain way just because that’s how they’ve always been done. Part of the reason this column spends so much time talking about your terms and conditions, however, is because that’s dangerous: how you do things now should be informed by the past, but not bound by the past...


Manufacturer's Corner: Revocation of Acceptance and the Statute of Frauds

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

I’m going to break my self-imposed rule of writing for manufacturers instead of lawyers. This post is some pretty in-the-weeds stuff, but the topic has been on my mind and I think it’s interesting. If you have opinions on it, I’d love to hear them.

 


Manufacturer's Corner: Dealing With Sales on Approval or Return

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

Expanding on our recent discussion about how your shipping terms can affect risk of loss in the product you sell, let’s turn to other contract provisions that implicate the same issue: sales on approval or return. Under both a “sale on approval” and a “sale or return,” the buyer retains the right to return the goods to the seller, even if they conform to the sale contract. The difference is that a “sale on approval” arises when the goods are delivered to the buyer primarily for use, whereas a “sale or return” arises when the goods are delivered to the buyer primarily for resale.


Enforcing Money Judgments Across the United States – Canada Border

black-helterline-harper-grey-logoTAGLaw Contacts Jim Baumgartner of Black Helterline (Oregon, USA) and John Sullivan of Harper Grey (British Columbia, Canada) have co-authored an article entitled “Enforcing Money Judgments Across the United States – Canada Border”. Also contributing to the article were Black Helterline Associate Britta Warren and Harper Grey Articled Student, Sean Foote. So far, the article which focuses on an important issue to border states and provinces, was recently published in the following publications:

Over time, the two firms have formed a valuable relationship through TAGLaw, and they believe initiatives such as this will provide further opportunities for them to collaborate on advising and litigating cross-border disputes.

 


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