E & L Consulting, Ltd. v. Doman Industries Ltd.

Court of Appeals for the Second Circuit
472 F.3d 23 (2006)
ELI5:

Sections

Rule of Law:

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The Legal Principle

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Facts:

  • Doman Industries Limited, along with its subsidiary, supplied 95% of the green hem-fir lumber sold in the northeastern United States.
  • From 1990 until 2004, E & L Consulting, Ltd. was a distributor for Doman, selling lumber on a consignment basis without taking ownership of the product.
  • Starting in 1998, Doman began replacing its other regional distributors with Sherwood Lumber Corp., offering Sherwood more favorable pricing and terms than it offered E & L.
  • Doman rejected E & L's request to purchase lumber outright, a privilege it had granted to Sherwood.
  • On January 30, 2004, Doman terminated its distribution agreement with E & L.
  • On February 1, 2004, Doman notified customers that Sherwood had become the exclusive distributor of Doman's green hem-fir lumber in the Northeast.
  • After becoming the exclusive distributor, Sherwood raised the price of the lumber by over 20% in some cases and allegedly began requiring customers to also purchase its finished wood products.

Procedural Posture:

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How It Got Here

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Issue:

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Legal Question at Stake

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Opinions:

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Majority, Concurrences & Dissents

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Analysis:

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Why This Case Matters

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