Quimbee logo
DMCA.com Protection Status

Merk v. Jewel Food Stores

945 F.2d 889 (1991)

Case BriefRelatedOptions
From our private database of 33,600+ case briefs...

Merk v. Jewel Food Stores

United States Court of Appeals for the Seventh Circuit

945 F.2d 889 (1991)

Facts

A new employee-ratified, collective-bargaining agreement between Jewel Food Stores (Jewel) (defendant) and its employees’ union guaranteed the employees a minimum wage. However, when discount chain Cub Foods entered Jewel’s Chicago-area market, Jewel slashed wages and took other actions that forced Kelly Merk and many other employees (ex-employees) (plaintiffs) to leave the company. Arguably, Jewel’s cost-cutting response to competition was permissible under a secret side deal struck late in the contract negotiations, when it became clear to both Jewel and the union that stiff competition was on the horizon. The side deal was omitted from the contract’s text. Compulsory binding arbitration eventually forced Jewel to restore wages for its active employees, but the arbitration award did nothing to help Jewel’s ex-employees. The ex-employees sued Jewel. Because it was clear that neither Jewel nor the union regarded the written, ratified contract to be the sole and integrated expression of their agreement, the federal district court admitted parol evidence of the secret side deal into evidence. The trial jury returned its verdict for Jewel, and the ex-employees appealed to the Seventh Circuit.

Rule of Law

Issue

Holding and Reasoning (Cudahy, J.)

Dissent (Easterbrook, 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 602,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead 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.

    Learn about our approachRead more about Quimbee

Here's why 602,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,600 briefs, keyed to 984 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 602,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership