Hog Slat, Inc. v. Ebert

MEMORANDUM OPINION AND ORDER REGARDING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

BENNETT, Chief Judge.

TABLE OF CONTENTS

/. INTRODUCTION AND BACKGROUND.1114

II.SUMMARY JUDGMENT STANDARD.1115

III.LEGAL ANALYSIS.1115

1. Does a genuine issue of material fact exist as to whether Ebert intended to receive any income and profits from hogs finished in the hog ñnishing barn pursuant to the Hormel contract?.1116

2. Is Ebert’s counterclaim for lost income and profits prohibited under the “new business rule” because it is too remote and speculative?... .1119

3. Does Ebert’s counterclaim for lost income…