201595P.pdf   09/07/2021  Jacobson Warehouse Co., Inc.  v.  Schnuck Markets, Inc.
   U.S. Court of Appeals Case No:  20-1595
                          and No:  20-1690
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Kelly, Author, with Grasz and Kobes, Circuit Judges] 
   Civil case - Contracts and torts. A provision of the parties' contract 
   unambiguously bars defendant from recovering non-direct damages from 
   plaintiff; the provision does not violate Missouri public policy; the 
   district court did not err in determining at summary judgment that three 
   categories of defendant's damages - lost profits, expenses incurred in 
   moving inventory and stocking stores and expenses incurred in correcting 
   plaintiff's alleged mismanagement - were consequential damages and barred 
   by the agreement; the district court did not err in entering judgment as a 
   matter of law for plaintiff on defendant's negligence counterclaim as 
   defendant did not provide sufficient evidence to show plaintiff breached a 
   duty of care other than it contractual duty under the agreement; the 
   district court did not abuse its discretion by determining that two emails 
   defendant sought to exclude did not seek or reflect legal advice and were 
   not, therefore, protected by the attorney-client privilege; no error in 
   allowing plaintiff prejudgment interest on its claim for action on 
   account; concerning plaintiff's cross-appeal, the district court did not 
   err in denying plaintiff judgment as a matter of law on defendant's breach 
   of contract claim and did not err in denying plaintiff's motion for an 
   award of attorneys' fees, as a contract provision on which plaintiff 
   relies did not authorize recovery of fees.