Adams Stepner Attorneys Jeffrey C. Mando and Jason C. Kuhlman Secure Summary Judgment for Swiss Company
On August 10, 2011, Attorneys, Jeffrey C. Mando and Jason C. Kuhlman, obtained Summary Judgment on behalf of a Swiss company, CRS Holding, in a commercial dispute before the United States District Court for the Eastern District of Kentucky. The case, MidAmerican Distribution, Inc. v. Clarification Technologies., Inc., et al, Case No. 09-cv-0096-DLB-JGW, involved allegations of breach of contract and unjust enrichment between the plaintiff, a Northern Kentucky distributor of foodservice products, and a Seattle, Washington-based company that is majority-owned by CRS Holding. The successful outcome depended on several preliminary steps. After the plaintiff amended its original complaint to join CRS Holding under an “alter ego” theory, Mr. Mando and Mr. Kuhlman removed the case to Federal Court, where they later convinced the Court to bifurcate the case between the liability claims and alter ego allegations. After a period of discovery, both defendants moved for Summary Judgment. Continuing the theme that they had successfully asserted in seeking bifurcation, Mr. Mando and Mr. Kuhlman argued that the facts bearing on alter ego were irrelevant to the plaintiff’s claims for liability and that if Summary Judgment was granted on plaintiff’s liability claims, plaintiff’s assertion of the alter ego remedy must likewise fail. The Court agreed with this reasoning in granting Summary Judgment across the board to both Defendants.