This section contains the nature of the case and procedural background.

D is a pork producer that has sold its hog casings to P for over six years. Prior to May 2002, D and P had a long-term output contract. In May 2002, P and D terminated these contracts. However, the parties continued performing under the terms of their contracts, and in June 2002, they resumed negotiations regarding new terms. Many of these negotiations occurred via e-mail between the parties and both entities consistently relayed negotiation terms and positions to one another via electronic correspondence. The negotiations were protracted. Eventually, in June of 2004, it looked like everything was finished, and D was sent the agreements for signature. While awaiting signature on the contracts, P and D implemented the new pricing schedules as of June 28, 2004. On November 17, 2004, D sent P written notice of its intent to terminate the parties' business relationship. D had already started negotiating with a third party to purchase the casings. P sued and moved for a preliminary injunction.

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