Estoppel Letters Can Matter – But, is the Office Depot Decision Really an Exclusive Use Case?

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So, on May 6, 2011, the Court of Appeals of Georgia, an intermediate appellate body, upheld a lower court’s decision that stopped Office Depot from pursuing a breach of an exclusion use right it thought it had.

I’ve seen some discussion about the Opinion (Office Depot Inc. v. The District at Howell Mill LLC, A11A0383) and how it should scare parties who sign estoppel letters or certificates. Why the decision should come as a surprise puzzles me. Shouldn’t people bear the consequences of their own acts? When someone says: “is this true or not, I’m going to change my position in reliance on what you tell me,” shouldn’t there be some consequences if the respondent says “true” or “not true,” when the opposite was the case?

Sure, there are weasel words and attorneys do and should look for ways to get their clients out of such consequences, but the starting point is for respondents to take the “questions” seriously. [Read more…]

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