Curtis Lumber Co. v. Louisiana Pac. Corp., No. 09-2602, involved an action by a retail supplier of building materials regarding defendant’s alleged failure to follow through on defendant’s rebate promotion that plaintiff promoted to many of its customers.  The court affirmed in part partial summary judgment for defendant, holding that the testimony offered by plaintiff fell short of the elevated burden for proving fraud by circumstantial evidence.  However, the court reversed in part where 1) plaintiff alleged distinct injuries that would not have occurred had defendant paid rebates owed to plaintiff’s customers; and 2) there was a question of material fact as to whether defendant’s rebate documents misrepresented or omitted a material term of the rebate promotion.

Related Resources

  • Full Text of Curtis Lumber Co. v. Louisiana Pac. Corp., No. 09-2602
  • Full Text of US v. Zierke, No. 09-2005

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