Quimbee logo
DMCA.com Protection Status
From our private database of 18,400+ case briefs...

Foodcomm International v. Barry

United States Court of Appeals for the Seventh Circuit
328 F.3d 300 (2003)


Facts

Patrick Barry and Christopher Leacy (defendants) were senior sales representatives for Foodcomm International (plaintiff), an importer of Australian beef. Although not Foodcomm executives, Barry and Leacy were two of Foodcomm’s highest paid employees, exclusively overseeing Foodcomm’s dealings with Empire Beef. In 2001, Empire and Foodcomm began talks to redistribute market risk between the two companies. After negotiations broke down, Leacy told Foodcomm he would smooth things over with Empire. At that point, Leacy learned that the relationship between Foodcomm and Empire could not be rehabilitated and that Empire would cease conducting business with Foodcomm. Leacy did not inform Foodcomm of this development. During this time, Barry and Leacy secretly prepared a business plan, using Foodcomm computers, for a new company, Outback Imports, which Barry and Leacy would operate to import Australian beef for Empire. Barry and Leacy did not tell Foodcomm about the proposed plans to work with Empire, and Leacy led Foodcomm to believe he was still trying to smooth things over with Empire on Foodcomm’s behalf. In 2002, Outback began operations. Foodcomm subsequently brought suit seeking a preliminary injunction enjoining Barry and Leacy from continued employment and operations with Empire and Outback. The district court found that Barry and Leacy had breached their fiduciary duties to Foodcomm, and granted the injunction. Barry and Leacy appealed.

Rule of Law

Issue

Holding and Reasoning (Williams, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 497,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 497,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,400 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial