INTERNATIONAL CASINGS GROUP, INC. V. PREMIUM STANDARD FARMS, INC. 358 F.Supp.2d 863 (2005) CASE BRIEF

INTERNATIONAL CASINGS GROUP, INC. V. PREMIUM STANDARD FARMS, INC.

358 F.Supp. 2d 863 (2005)

NATURE OF THE CASE: International (P) moved for a preliminary injunction against Premium (D) on a contract in which D was to provide the casings to P.

FACTS: D is a pork producer that has sold its hog casings to P for over six years. Prior to May 2002, D and P had long term output contract. In May 2002, P and D terminated these contracts. However, the parties continued performing under the terms of their contracts, and in June 2002, they resumed negotiations regarding new terms. Many of these negotiations occurred via e-mail between the parties and both entities consistently relayed negotiation terms and positions to one another via electronic correspondence. The negotiations were protracted. Eventually in June of 2004 it looked like everything was finished and D was sent the agreements for signature. While awaiting signature on the contracts, P and D implemented the new pricing schedules as of June 28, 2004. On November 17, 2004, D sent P written notice of its intent to terminate the parties' business relationship. D had already started negotiating with a third party to purchase the casings. P sued and moved for a preliminary injunction.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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