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· 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 CourtListener

Sourced 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.