Friday, February 27, 2015

Second Circuit: Sleepy’s v. Select Comfort

Contract claims -- "first quality" goods breach claim not proven, as goods were not inferior to other goods of same manufacturer.

Contractual termination is distinct from contractual expiration.

When PL elicits defamatory statements, the PL consents to the defamation to the degree that it expected the statements to be defamatory.

Statements as to business practices of the company were statements of fact, not opinion, for purposes of New York defamation law.

Sleepy’s v. Select Comfort
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.