This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Contracts
Breach of Contract

DCI Solutions Inc. v. Urban Outfitters Inc., et al.

Published: Sep. 15, 2012 | Result Date: Sep. 16, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 3:2010-cv-00369 Verdict –  Defense

Court

USDC Southern District of California


Attorneys

Plaintiff

Frank J. Johnson
(Johnson Fistel LLP)


Defendant

Miles D. Scully
(Gordon & Rees LLP)


Facts

Urban Outfitters contracted with DCI Solutions (DCI) to explore freight cost savings. Under the agreement, if DCI's recommendations produced actual cost savings, then DCI would receive one-third of those savings. DCI subsequently indicated that it could provide savings, but gave no specific recommendations. When Urban's employees reduced the costs on their own, DCI sought one-third of the savings. After Urban refused to pay, DCI filed a lawsuit for breach of contract and fraud.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the cost savings resulted from its recommendations.

DEFENDANTS' CONTENTIONS:
Defendants contended that Plaintiff's recommendations were ineffective.

Result

Defense.


#103770

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390