On Friday, September 3, 2010, a unanimous panel of the Eighth Circuit Court of Appeals affirmed a district court judgment in favor of Greene Espel client Tyson Foods, Inc. In Superior Seafoods, Inc. v. Tyson Foods, the plaintiffs alleged fraud and other theories in an attempt to overturn a consent judgment entered in a prior case. After discovery, the district court judge granted summary judgment to Tyson Foods. On appeal, Greene Espel argued that the Eighth Circuit should apply an abuse-of-discretion standard of review due to the equitable nature of the plaintiffs’ action. The Eighth Circuit applied that standard and affirmed the decision in Tyson’s favor.

Bob Gilbertson and John Ursu handled the case for Tyson Foods. Contact Bob or John about Greene Espel’s Intellectual Property and Business Litigation practices.


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