# Gerard Colby Zilg, Plaintiff-Appellee-Cross-Appellant v. Prentice-Hall, Inc., and E.I. Dupont De Nemours & Co., Inc., Defendant-Cross-Appellee

> Court of Appeals for the Second Circuit · September 1, 1983 · 717 F.2d 671

URL: https://www.frixlaw.com/law-library/cases/9471198

## Case

- **Full name:** Gerard Colby ZILG, Plaintiff-Appellee-Cross-Appellant, v. PRENTICE-HALL, INC., Defendant-Appellant, and E.I. DuPont De Nemours & Co., Inc., Defendant-Cross-Appellee
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** September 1, 1983
- **Citations:** 717 F.2d 671; 9 Media L. Rep. (BNA) 2257; 43 A.L.R. 4th 1163; 1983 U.S. App. LEXIS 24312
- **Precedential status:** Published
- **Opinion:** Concurrence by Waterman
- **Judges:** Waterman, Pierce, Winter
- **Cited by:** 33 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9471198

## How later opinions describe it (automated extraction)

- holding that a contract clause leaving marketing and promotional decisions to the discretion of book publisher implied a minimal duty to make basic promotional efforts, with decisions on further promotions to be made according to a good faith business judgment standard
- holding the promise to publish the plaintiff’s book implies a good faith effort by the publisher to promote the book

## Opinion text

WATERMAN, Circuit Judge
(concurring):
I concur in the result reached by Judge Winter and in most of that opinion. However, as to that portion of the opinion written by Judge Winter to which Judge Pierce has written a concurring opinion I concur in the concurring opinion of Judge Pierce.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9471198. Public record. Not legal advice.