Quimbee logo
DMCA.com Protection Status
From our private database of 16,500+ case briefs...

VRT, Inc. v. Dutton-Lainson Company

Nebraska Supreme Court
530 N.W.2d 619 (1995)


Sanitas, Inc., the former name of VRT, Inc. (plaintiff), was formed to create and distribute products based on an invention to lift and move medical patients. Sanitas retained an attorney to file a patent application and then entered into a contract with Dutton-Lainson Company (defendant) to produce and sell the products. On the assurance that the patent application had been filed and that a patent would likely issue, Dutton-Lainson agreed to pay Sanitas royalties in exchange for an assignment of Sanitas’s interest in the invention, including the patent application and the Sanitas name and trademarks. Dutton-Lainson began production but no patent was ever issued because, as it turned out, the application had never been filed and the lapse of time prior to discovery of the error prevented issuance of the patent. VRT filed a lawsuit against its attorney for malpractice, which was settled, and against Dutton-Lainson for breach of contract in failing to pay royalties. The district court ruled in favor of VRT, and Dutton-Lainson appealed.

Rule of Law


Holding and Reasoning (Caporale, 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 97,000 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 410,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,500 briefs, keyed to 223 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