DRISCOLL v. STANDARD HARDWARE, INC.

No. A09-2171.

785 N.W.2d 805 (2010)

Nancy DRISCOLL as Trustee for the Next-of-Kin of Deane Driscoll, Deceased, Plaintiff, v. STANDARD HARDWARE, INC., Defendant, and Atlas Copco Drilling Solutions, LLC, (incorrectly denominated as USA Holdings, Inc. d/b/a Atlas Copco), defendant and third party plaintiff, Respondent, v. United Taconite, LLC, third party defendant, Appellant, Intone Industrial Co., Ltd., et al., Third Party Defendants, and United Taconite, LLC, fourth party plaintiff, Appellant, v. Atlas Copco Construction Mining Technique, LLC, et al., fourth party defendants, Respondents.

Court of Appeals of Minnesota.

July 20, 2010.


Attorney(s) appearing for the Case

Edward F. Fox, Mark R. Bradford, Bassford Remele, Minneapolis, MN; and Richard J. Bedell, Jr. (pro hac vice), Jones Day, Cleveland, OH, for appellant.

Daniel Q. Poretti, Cynthia P. Arends, Peter Gray, Andrew J. Sveen, Nilan Johnson Lewis, Minneapolis, MN, for respondents.

Considered and decided by TOUSSAINT, Presiding Judge; HUDSON, Judge; and WILLIS, Judge.


OPINION

HUDSON, Judge.

Appellant mining company challenges the district court's dismissal on summary judgment of its claims for fraud, fraudulent misrepresentation by omission, breach of warranty, and rescission, which relate to an industrial drill manufactured, leased, and sold by respondents. Appellant also challenges the district court's denial of leave to amend its complaint to allege punitive damages. By notice of related appeal, respondents challenge...

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