· 6/14/2007
Tas Distributing Company, Incorporated v. Cummins Engine Company, Incorporated
Citations
- 491 F.3d 625
- 2007 U.S. App. LEXIS 13892
- 2007 WL 1704114
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that new products “incorporat[ing] both the Temp-A-Start and Temp-A-Stop technologies” were not comparable to an existing product incorporating only one such technology
- holding that new products “incorporat[ing] both the Temp-A-Start and Temp-A-Stop technologies” were not comparable to an existing product incorporating only one such technology
- stating that sales of an “inherently different” product renders comparison with the plaintiff’s product “somewhat speculative” and “counsels extreme caution” in relying on such a comparison in measuring lost profits
- discussing the general rule in Illinois that “expected profits of a new commercial business are considered too uncertain, specific and remote to permit recovery”
- discussing general rule in Illinois that “expected profits of a new commercial business are consid- ered too uncertain, specific and remote to permit recovery”
- affirming summary judgment on breach of contract claim where it was impossible for the plaintiff to calculate damages within a reasonable degree of certainty
Source: CourtListener parenthetical corpus (CC0).
Judges: Ripple, Manion, Wood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.