Miller Schirger Obtains Jury Verdict for Client

August 26, 2016

Miller Schirger, LLC, along with co-counsel Fraser Stryker PC LLO of Omaha, Nebraska, recently obtained a complete defense verdict for Rotella’s Italian Bakery, Inc., a Nebraska based bakery company, after a four-day federal jury trial.

In 2014, the plaintiff in Multivac, Inc. vs. Rotella’s Italian Bakery, Inc., filed a complaint in the U.S. District Court for the Western District of Missouri alleging that Rotella’s breached a contract for the purchase of a commercial vacuum-seal packaging system. The plaintiff sought significant damages for the purchase price and shipping costs of the machine, as well as prejudgment interest and attorneys’ fees under the contract. For its defense, Rotella’s contended that the machine did not perform the purpose for which it was purchased, and asserted counterclaims for repudiation of contract, and breach of express and implied warranty, among others.

In June 2016, Miller Schirger partner Matt Lytle and co-counsel from Fraser Stryker, tried the case to a jury in Missouri federal court. After four-days of trial, the jury returned a verdict in favor of Rotella’s on the plaintiff’s claim for breach of contract. The jury also returned verdicts in Rotella’s favor on its counterclaims for repudiation of contract and breach of express warranty.

“The jury paid attention and followed the evidence. Overall, we’re pleased with the verdicts, and glad we could obtain such a good result for Rotella’s,” said Miller Schirger partner Matt Lytle.