Whitesell Corp. v. Whirlpool Corp.

2012 WL 3631491 (2012)

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Whitesell Corp. v. Whirlpool Corp.

United States Court of Appeals for the Sixth Circuit
2012 WL 3631491 (2012)

Facts

Whirlpool Corporation (defendant) contracted to make Whitesell Corporation (plaintiff) its exclusive supplier for certain appliance parts. The contract contained a clause disclaiming Whirlpool’s liability to Whitesell for “anticipated profits or for incidental or consequential damages for a claim of kind, or for any loss or damage arising out of or in connection with this agreement, or from any performance or breach, termination or expiration of this agreement or any order.” Whitesell sued after discovering that Whirlpool was buying parts from other suppliers. Whirlpool asserted the contract’s liability-limitation clause in its defense, and moved for partial summary judgment on Whitesell’s claim for lost profits. The federal district court denied the motion, and a jury awarded Whitesell substantial damages on the lost-profits claim. Whirlpool appealed to the Sixth Circuit.

Rule of Law

Issue

Holding and Reasoning (Donald, J.)

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