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Breach of Rebate Promotion Action, and Criminal Matter

By FindLaw Staff on August 26, 2010 | Last updated on March 21, 2019

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.

In US v. Zierke, No. 09-2005, the court affirmed defendant's convictions and sentence for conspiracy to distribute and possess with the intent to distribute 50 grams or more of methamphetamine, holding that 1) the district court did not abuse its discretion in admitting phone recordings of defendant instructing his son to harm a witness; 2) sufficient testimonial evidence was presented to support a finding that defendant made certain statements to law enforcement; and 3) the district court's drug quantity determination was not clearly erroneous.

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