ContractsProf Blog

Editor: D. A. Jeremy Telman
Valparaiso Univ. Law School

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Wednesday, April 13, 2005

Forest giant slammed for breach

After a year of thought and 138 pages of opinion, a federal banktruptcy judge in Atlanta has ruled that Weyerhauster Co. breached its warranties against infringement when it spun off a division in an IPO whose disposable diapers infringed patents held by Kimberly-Clark and Proctor & Gamble.  Judge Margaret Murphy assessed damages at $457.8 milion.

One of the interesting features about the case is that ordinarily a claim for failure to disclose in an IPO would be governed by securities laws (which Weyerhauser says were not violated) but the judge decided to proceed under a contract theory.

http://lawprofessors.typepad.com/contractsprof_blog/2005/04/forest_giant_sl.html

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