Ashland Management Inc. v. Janien

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that lost profits are recoverable damages if “they were within the contemplation of the parties at the time the contract was entered into and are capable of measurement with reasonable certainty”
• finding no error in lower court’s determination that failure to negotiate “breached an implied covenant of good faith and fair dealing”
• finding lost profit calculation too speculative where the plaintiff relied on four months of sales of a new product to extrapolate seven years of lost profits
• “The rule that damages must be within the contemplation of the parties is a rule of foreseeability. The party breaching the contract is liable for those risks foreseen or which should have been foreseen at the time the contract was made.”
• adopting the Restatement definition of a trade secret
• “[A] trade secret must first of all be secret.”

Source: CourtListener parenthetical corpus (CC0).