DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
181498P.pdf 09/19/2019 Ronnoco Coffee, LLC. v. Westfeldt Brothers, Inc.
U.S. Court of Appeals Case No: 18-1498
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Loken, Author, with Wollman and Stras, Circuit Judges]
Civil case - Successor liability. When plaintiff acquired substantially
all of the assets of an unrelated competitor at a secured creditor's
private foreclosure sale in an agreement which declined to assume the
competitor's liabilities, it was not liable as the competitor's successor
for unpaid pre-acquisition inventory purchases from defendant, a third
party which had sold coffee beans to the competitor; buying the
competitor's assets from its secured creditor at a foreclosure sale in an
agreement that disclaimed assumption of the competitor's liabilities
protected plaintiff from claims that the asset purchase was tainted by
commercially inadequate consideration; defendant failed to show it was
prejudiced by the asset sale as there was no evidence that, absent the
alleged fraud by plaintiff, the competitor would have been able to pay off
its entire debt to the secured creditor and then make payments to
defendant; defendant's unfair trade practices claims, conversion and
unjust enrichment claims were properly rejected.