Justia Internet Law Opinion SummariesArticles Posted in U.S. 8th Circuit Court of Appeals
Outdoor Central, Inc., et al. v. GreatLodge.com, Inc.
Plaintiffs sued defendant over the sale of an automated hunting and fishing licensing system, alleging that defendant misrepresented the capabilities and costs of its software system, as well as information about key programming personnel. Both parties appealed the judgment of the district court, which awarded plaintiffs $965,000 and designated its post-trial order as a final judgment pursuant to Federal Rule of Civil Procedure 54(b). The court held that, due to the close factual and legal relationship between the fraud, warranty, and good faith and fair dealing claims, Rule 54(b) certification was inappropriate where plaintiffs' unadjudicated claims shared the same facts as the certified claims and where, under Missouri law, fraud and breach of warranty claims shared similar elements and the same conduct could support both theories. The court also held that the district court correctly dismissed defendant's cross-claim against Active Network, Inc. (Active Network) and its assessment of the equities was not clearly unreasonable. Accordingly, the court held that the district court properly certified its order dismissing the cross-claim against Active Network. As there was no final judgment on all claims or a proper 54(b) certification as to the claims between plaintiffs and defendant, the remainder of the appeals were dismissed without prejudice, and the case remanded for further proceedings. View "Outdoor Central, Inc., et al. v. GreatLodge.com, Inc." on Justia Law