Legal Opinion

Jacked Up, L.L.C. v. Sara Lee Corporation

Court of Appeals for the Fifth Circuit

Decided April 25, 2017No. 15-11019PublishedCited by 64 opinions

1Opinion of the Court

EDWARD C. PRADO, Circuit Judge:

In September 2011, Jacked Up, L.L.C. (“Jacked Up”) and Sara Lee Corporation (“Sara Lee”) signed a licensing agreement whereby Sara Lee would produce and sell energy drinks developed by Jacked Up. Shortly thereafter, Sara Lee'sold its beverage division to the J.M. Smucker Company (“Smucker”). Smucker decided not to assume Sara Lee’s licensing agreement with Jacked Up, and in November 2011, Sara Lee formally terminated the agreement. Jacked Up brought suit against Sara Lee, alleging breach of contract, breach of fiduciary duty, fraud, and fraudulent inducement.…

2Cases cited67 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  3. Formosa Plastics Corp. USA v. Presidio Engineers and Contractors, Inc.Texas Supreme Court · 1998
  4. Sterner v. Marathon Oil Co.Texas Supreme Court · 1989
  5. John W. Dussouy, Jr. v. Gulf Coast Investment CorporationCourt of Appeals for the Fifth Circuit · 1981

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3Cited by64 opinions

  1. Bates Energy Oil & Gas v. Complete Oilfield Servs.District Court, W.D. Texas · 2019
  2. January v. City of HuntsvilleCourt of Appeals for the Fifth Circuit · 2023
  3. IAS Servs. Grp., L.L.C. v. Jim Buckley & Assocs., Inc.Court of Appeals for the Fifth Circuit · 2018
  4. Bailey v. KS Mgmt ServicesCourt of Appeals for the Fifth Circuit · 2022
  5. Jacked Up, LLC v. Sara Lee Corp.District Court, N.D. Texas · 2018

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