Caliber Managing Director Joseph Ruble assisted attorneys of Thompson Coburn in securing an $8.3 million verdict from a Cook County jury in favor of RyKrisp, LLC in a dispute between RyKrisp LLC and Distinctive Foods, LLC.  RyKrisp, LLC owns the iconic RyKrisp™ cracker that has been on grocery shelves for over 125 years.


The matter originated with an unsuccessful business arrangement between the parties. After purchasing the intellectual property and brand from ConAgra in May 2015, RyKrisp soon began exploring a long-term manufacturing agreement with Distinctive. Once this business relationship proved unsuccessful due to a number of issues, RyKrisp found a replacement manufacturer and entered an agreement.


On July 12, 2016, Distinctive Foods took the equipment from RyKrisp’s storage facility and demanded payment of a disputed invoice.  RyKrisp’s attorneys were able to obtain a court order for the return of the equipment. Distinctive finally returned the equipment in June 2017, but after returning the equipment, Distinctive’s CEO contacted RyKrisp’s new manufacturer and coerced them into ceasing production for RyKrisp – resulting in over $2 million in lost profits.


Mr. Ruble testified in Cook County court as to the damages sustained by RyKrisp which were caused by the actions of Distinctive Foods (the loss of profits prior to the return of the equipment and the loss of profits caused by Distinctive Food’s business interference thereafter).  After 8 hours of deliberation, the jury entered judgment in favor of RyKrisp, granting both claims for damages.


Ted Levin, RyKrisp’s CEO, stated “Joe and Caliber assisted us in two parts of the RyKrisp litigation. First, he ably integrated company internal estimates, outside analogous situations, and his own expertise to estimate lost profits over a 7-year period. This was critical to establishing an empirical basis for our claims.  He then testified at trial and provided the jury with his analysis in a very understandable manner. Both were critical inputs to us securing a verdict in our favor.”


Caliber employs experts with extensive experience assisting clients with litigation matters such as lost profits analyses, minority shareholder oppression, and gift, estate, and income tax disputes.  Our experts have testified in county, state, and federal courts, as well as the U.S. Tax Court.