Plaintiff tries to tie liability to nonparty

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted October 2, 2015 3:18 PM

Relying on two exceptions to the general rule that “a contract cannot bind a nonparty,” EEOC v. Waffle House, 534 U.S. 279 (2002) — and arguing for a new exception — Northbound Group Inc. tried to hold a nonparty (Norvax Inc.) liable for alleged breach of an asset purchase agreement by a Norvax subsidiary (Leadbot LLC) in a federal case governed by Illinois law.In addition to invoking the “direct participant liability” and alter ego doctrines, Northbound asked the 7th U.S. Circuit Court …

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