On June 22, 2012, the United States Sixth Circuit Court of Appeals rendered an opinion in the case of MidAmerican Distribution, Inc. v. Clarification Technologies., Inc. et al., Case No. 11-6094, affirming the summary judgment granted by the United States District Court for the Eastern District of KentuckyJason C. Kuhlman, a partner in the firm’s civil litigation practice group, authored the joint brief filed by both Defendants and argued the case to the Sixth Circuit.  The Plaintiff, a Northern Kentucky distributor of foodservice products, sued Clarification Technologies, Inc., a Seattle, Washington-based company, and its majority shareholder, CRS Holding, claiming breach of contract and unjust enrichment.  The Plaintiff also argued that the district court had committed error in failing to allow it to amend its complaint to add a claim and change certain factual allegations.  The Sixth Circuit agreed with the Defendants’ arguments that the district court properly granted summary judgment on Plaintiff’s claims, and exercised its discretion appropriately in disallowing the amendment.

By Jason C. Kuhlman