Date: 08-13-2010

Case Style: Eureka Water Co. v. Nestle Waters North America, Inc.

Case Number: 5:07-cv-00988-M

Judge: Vicki Miles-LaGrange

Court: United States District Court for the Western District of Oklahoma, Oklahoma County

Plaintiff's Attorney: Bob Gilliland, Ron Shinn and Josh Solberg, McAfee & Taft, Oklahoma City, Oklahoma and Mark Grossman and Kristin Huffaker, Crowe & Dunlevy, Oklahoma City, Oklahoma

Defendant's Attorney: Phil Free, Jessica Perry, Jennifer Rader, Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Oklahoma City, Oklahoma

Description: Eureka Water Co. sued Nestle Waters North America, Inc. on breach of contract and tortious interference theories claiming that defendant failed to pay royalties and provide discounted pricing on much of the Ozarka bottled water sold in 60 Oklahoma counties. Ozarka claims to have been in business since 1907. The water originally came from Eureka Springs but since 1972 Ozarka has been produced from well or municipal water that has been processed. Plaintiff claimed that Nestle agreed to pay it an "invasion fee" for selling "Ozarka" water in 60 Oklahoma county in Sam's Club and Walmart Stores. In 2007, Nestle repudiated the agreement.

Nestle denied wrongdoing.

Outcome: Plaintiff's verdict for $14.2 million including $9.2 million for breach of contract and $5 million for tortious interference with business relations.

Plaintiff's Experts:

Defendant's Experts:

Comments: