Smith v. Genetic Depot, Inc., No. 11-cv-273, 2013 U.S. Dist. LEXIS 23961 (D. Minn. Feb. 20, 2013)

(plaintiff’s motion for leave to amend complaint involving breeding hog contract in which company provided to plaintiff boar semen containing disease that caused damage to breeding stock; court allowed amendment to reflect defendant’s name change as it was uncontested; court denied motion to add breach of contract claim based on additional agreement because it would require use of extrinsic evidence to vary unambiguous terms of contract not permitted under choice of law provision jurisdiction or state law in which suit was brought; court denied motion to add negligent misrepresentation claims as futile; claim based on negligence, so no claim allowed under state law and no duty owed to plaintiff regarding information; fraudulent misrepresentation claim also fails because no allegations that defendant knew statements made were false).