Legal Opinion

Dannix Painting, LLC v. Sherwin-Williams Co.

Court of Appeals for the Eighth Circuit

Decided October 21, 2013No. 17-1629PublishedCited by 45 opinions

1Opinion of the Court

RILEY, Chief Judge.

In this diversity case, see 28 U.S.C. § 1332(a), Dannix Painting, LLC (Dannix), a Mississippi limited liability company whose sole member is a Missouri resident, appeals the dismissal of its Missouri tort action against the Sherwin-Williams Company (SWC), an Ohio corporation. Dannix alleged SWC negligently misrepresented a certain paint product SWC sold was appropriate for a particular painting project. Dannix argues the district court 1 erroneously concluded Dannix failed to state a claim because Missouri’s 2 economic loss doctrine barred Dannix’s only cause of action. We…

2Cases cited33 opinions

  1. East River Steamship Corp. v. Transamerica Delaval Inc.Supreme Court of the United States · 1986
  2. Moorman Manufacturing Co. v. National Tank Co.Illinois Supreme Court · 1982
  3. Seely v. White Motor Co.California Supreme Court · 1965
  4. Huron Tool and Engineering Co. v. Precision Consulting Services, Inc.Michigan Court of Appeals · 1995
  5. Renaissance Leasing, LLC v. Vermeer Manufacturing Co.Supreme Court of Missouri · 2010

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3Cited by45 opinions

  1. Gary Reece v. Bank of New York MellonCourt of Appeals for the Eighth Circuit · 2014
  2. Kenneth Wivell v. Wells Fargo Bank, N.A.Court of Appeals for the Eighth Circuit · 2014
  3. United Fire & Casualty Company v. Titan Contractors Service, IncCourt of Appeals for the Eighth Circuit · 2014
  4. Bruce Martin Construction, Inc. v. CTB, Inc.Court of Appeals for the Eighth Circuit · 2013
  5. Trademark Medical, LLC v. Birchwood Laboratories, Inc.District Court, E.D. Missouri · 2014

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