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Court Error – Time Barred Claim

By: Derek Hawkins//December 6, 2017//

Court Error – Time Barred Claim

By: Derek Hawkins//December 6, 2017//

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7th Circuit Court of Appeals

Case Name: Betco Corporation, LTD., v. Malcolm D. Peacock, et al.

Case No.: 17-1133

Officials: MANION, KANNE, and HAMILTON, Circuit Judges

Focus: Court Error – Time Barred Claim

Betco Corporation purchased the as‐ sets of two bioaugmentation companies from Marilyn and Malcolm Peacock. The Asset Purchase Agreement included the sale of equipment at the Peacocks’ Beloit, Wisconsin plant. Betco asked Malcolm to remain at the Beloit plant after the sale as president. Eventually, Betco discovered that the Beloit plant was delivering defective products to customers. It filed this suit against the Peacocks and their holding companies for fraud, negligent misrepresentation, breach of contract, and breach of the duty of good faith and fair dealing.

Betco raises two issues on appeal. First, Betco appeals the district court’s summary judgment dismissal of its breach of contract claim. It argues that the court erred in finding that the claim was time‐barred. Second, Betco appeals the district court’s judgment on the duty of good faith claim. It argues that the court erred in finding that Malcolm had not violated this duty and that Betco failed to prove damages even if he had violated it.  After two rounds of summary judgment and a bench trial, the district court dismissed the entirety of Betco’s suit. Betco appeals the dismissal of its breach of contract and breach of the duty of good faith and fair dealing claims. We affirm.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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