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Plaintiff's suit against a competitor for breach of a non-disparagement agreement
Rain v. Rolls-Royce Corp., 10-1290, concerned a challenge to the district court's judgment in defendant's favor, in a competitor's suit against defendant Rolls-Royce Corporation, claiming that defendant twice breached a non-disparagement agreement the parties executed in connection with the settlement of an earlier lawsuit.
In affirming the judgment, the court held that the district court correctly granted defendant's motion for partial summary judgment as to the claim based on the Texas lawsuit as defendant was immune from liability under Indiana's absolute litigation privilege. The court also held that the district court did not err in reading the contract term "disparage" not to include the sort of personal embarrassment plaintiff suffered as a result of being escorted out of an event because there is no indication that plaintiff's business or his reputation as a businessman was adversely impacted.