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2009AP2236 Foremost Farms USA Cooperative v. Performance Process Inc., et al.

By: WISCONSIN LAW JOURNAL STAFF//February 17, 2011//

2009AP2236 Foremost Farms USA Cooperative v. Performance Process Inc., et al.

By: WISCONSIN LAW JOURNAL STAFF//February 17, 2011//

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Torts
Economic loss doctrine

This case returns to us after remand. In Foremost Farms USA Cooperative v. Performance Process, Inc., 2006 WI App 246, 297 Wis. 2d 724, 726 N.W.2d 289 (Foremost I), we reversed the circuit court’s judgment granting summary judgment in favor of Performance Corp. and directed the circuit court to reinstate Foremost’s tort claims. Following remand, Performance Corp. again moved for summary judgment, seeking dismissal of the tort claims, and, once more, the circuit court dismissed the claims.

The issue on appeal is the same as before—whether Foremost’s tort claims are barred by the economic loss doctrine because Foremost’s damaged dairy products were not “other property” with respect to the damage-causing substance provided by Performance Corp. In this appeal, we address whether new evidence or new arguments support a different result. We conclude they do not and, therefore, reverse and remand with directions. Not recommended for publication in the official reports.

2009AP2236 Foremost Farms USA Cooperative v. Performance Process Inc., et al.

Dist IV, Monroe County, McAlpine, J., Lundsten, J.

Attorneys: For Appellant: Schott, Donald K., Madison; Chamberlin, Elizabeth B., Milwaukee; Bowen, Freya K., Madison; For Respondent: Terwilliger, W. Thomas, Wausau; Westgate, Cassandra B., Wausau

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