TO-AM Equipment v. Mitsubishi Caterpillar Forklift America

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Full Text of Court Cases
January 24, 1997

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3537 Industrial Trucks, Tractors, Trailers, and Stackers
333924 Industrial Truck, Tractor, Trailer, and Stacker Machinery Manufacturing
contract
lost profits, empirical evidence
TO-AM Equipment v. Mitsubishi Caterpillar Forklift America
953 F. Supp. 987, 1997 U.S. Dist. LEXIS 641
US
Federal Court
Illinois
United States District Court
Fred Lieber (for plaintiff), Seth Palatnik (for defendant)
Easterbrook

Summary

At issue is calculation of damages representing the profits the plaintiff company could have earned had it remained a Mitsubishi dealer indefinitely with the defendant company.

See Also

Weak Rebuttal Gives Plaintiff Large Damages Award

Legal and Court Case Update
March 1997

The case involved two issues: (1) Was TO-AM a franchise under Illinois law? (2) If so, how much was it entitled to for damages related to terminating its franchise to distribute to distribute forklift trucks?