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ARTICLE · 05 NOVEMBER 2019

Litigious Attitude Coupled With Major Blunders Leads To Big Loss

Masuda, Funai, Eifert & Mitchell, Ltd.
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Usually, being aggressive in business and in litigation is considered an advantage. But, as illustrated in a recent 7th Circuit case, it is possible to be overly aggressive.

United StatesLitigation, Mediation & Arbitration

Usually, being aggressive in business and in litigation is considered an advantage. But, as illustrated in a recent 7th Circuit case, it is possible to be overly aggressive. When this is coupled with some serious mistakes in business and in litigation, it can be disastrous. (4SEMO.COM Incorporated v. Southern Illinois Storm Shelters, Inc., Ingoldsby Excavating, Inc. and Bob Ingoldsby, 7th Circuit Court of Appeals, Nos. 18-1998 & 18-2095, October 7, 2019)

4SEMO is a home remodeling company located in southeast Missouri. In 2004, 4SEMO purchased a storm shelter from a dealer of Southern Illinois Storm Shelters, Inc. (SISS) and installed it. 4SEMO was pleased with the storm shelter and began promoting the storm shelters to potential customers. SISS’s dealer from which 4SEMO purchased the original storm shelter offered to have 4SEMO buy its inventory and become an SISS dealer. 4SEMO and its president, Ray Fielack, accepted.

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