Appellate Opinions Released November 16, 2006
The Wisconsin Supreme Court did not release any opinions today.
The Wisconsin Court of Appeals released these opinions today, recommending the following for publication:
Foremost Farms USA v. Performance Process, Inc. The question before the court was whether certain products Foremost produced could be classified as "other property" to escape application of the economic loss doctrine. Foremost purchased "defoamer" from Performance for use in reconstituting powdered milk, which was then used to make cheese and other dairy products. One batch of the defoamer contained a chemical that rendered the end dairy products unfit for human consumption. The court concluded that the dairy products could potentially be classified as "other property" under the "integrated system" or "disappointed expectations" tests, and so reversed the circuit court's grant of summary judgment.
The Wisconsin Court of Appeals released these opinions today, recommending the following for publication:
Foremost Farms USA v. Performance Process, Inc. The question before the court was whether certain products Foremost produced could be classified as "other property" to escape application of the economic loss doctrine. Foremost purchased "defoamer" from Performance for use in reconstituting powdered milk, which was then used to make cheese and other dairy products. One batch of the defoamer contained a chemical that rendered the end dairy products unfit for human consumption. The court concluded that the dairy products could potentially be classified as "other property" under the "integrated system" or "disappointed expectations" tests, and so reversed the circuit court's grant of summary judgment.
posted by Daniel Kelly at 11:36 AM
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