092602P.pdf   08/24/2010  Curtis Lumber Company, Inc.  v.  Louisiana Pacific Corporation
   U.S. Court of Appeals Case No:  09-2602
                          and No:  09-2692
   U.S. District Court for the Eastern District of Arkansas - Helena   
   [PUBLISHED] [Melloy, Author, with Hansen and Smith, Circuit Judges]
   Civil case - torts. Curtis had standing and was the real party in interest
   in dispute over rebates to be paid to purchasers of defendant's siding
   products; with respect to Curtis's fraud claims, it failed to establish
   scienter and no reasonable finder of fact could conclude defendant falsely
   represented the terms of the rebate promotion with knowledge of such
   falsity; nor did Curtis establish the elements of the tort of constructive
   fraud; Section 4-88-107(a)(1) and 4-88-108(2) of the Arkansas Deceptive
   Trade Practices Act do not require proof of intentional or knowing
   deception, and the district court erred in granting defendant summary
   judgment on Curtis's claim under these sections of the Act; the court also
   erred in granting defendant summary judgment on Curtis's promissory
   estoppel claims; Curtis may seek damages for lost profits for cancelled
   sales; an analysis of Arkansas case law leads the court to believe that
   duress may have existed in this case and that Curtis may be able to
   recover damages for payments it made under duress; district court did not
   err in dismissing claims for punitive damages as no jury could find
   defendant acted with malice or intent to harm Curtis. Judge Smith,
   concurring in part and dissenting in part.