Friday, November 29, 2013

All-Tech Telecom, Inc. v. Amway Corp. case brief

All-Tech Telecom, Inc. v. Amway Corp. case brief summary
174 F.3d 862 (1999)


CASE SYNOPSIS
Plaintiff telecommunications corporation appealed the judgment from the United States District Court for the Eastern District of Wisconsin, which granted summary judgment to defendant marketer on plaintiff's claims of intentional and negligent misrepresentation and promissory estoppel.

CASE FACTS
Plaintiff telecommunications sued defendant marketer for intentional and negligent misrepresentation and promissory estoppel after defendant made research claims for a new product. After the trial court granted summary judgment to defendant, plaintiff appealed.

DISCUSSION

  • On appeal, the court noted that the parties had a contract covering the relationship in the course and within the scope of which the alleged warranty of thorough research was made. 
  • The court affirmed the ruling for defendant because alleged misrepresentations were either puffing or meaningless sales patter. 
  • The court could not think of any reason for using the doctrine of promissory estoppel to resuscitate plaintiff's claim.

CONCLUSION
The court affirmed the ruling for defendant because the alleged misrepresentations were either puffing or meaningless sales patter.

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