Lommen Abdo Client Wins Reversal of Summary Judgment in Watkins Case

The Eighth Circuit Court of Appeals found that when the facts are developed at trial, a reasonable factfinder could reach one of several factual conclusions: (1) the Appellants were misled into believing that the terms of the 1988 Agreement would continue to govern the parties’ contractual relationship; (2) both parties intended for the 1988 Agreement to continue; or (3) the parties objectively manifested their intent to supersede the 1988 Agreement and enter a new contract in 2006. Thus, because there was an issue of fact as to the threshold issue of whether the parties intended for the 2006 Agreement to supersede the 1988 Agreement, the summary judgment in favor of Watkins was reversed and the case remanded for further proceedings with the trial court.  View the decision.