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Plastics Machinery Group, Inc. v. Thermoforming Process Products, Inc. et al.

Docket 1:24-cv-00185, Ohio Northern District Court (Jan. 30, 2024)
Judge Solomon Oliver, Jr, presiding
Contract - Other
DivisionCleveland
FlagsCat04, Greenberg
Demand$200,000
Cause28:1332 Diversity-Breach of Contract
Case Type190 Contract - Other
Tags190 Contract, Contract, Civil, Other, 190 Contract, Contract, Civil, Other
Plaintiff Plastics Machinery Group, Inc
Defendant Thermoforming Process Products, Inc.
Defendant James B. Griffin
...
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No. 39 Order

Document Plastics Machinery Group, Inc. v. Thermoforming Process Products, Inc. et al., 1:24-cv-00185, No. 39 (N.D.Ohio Feb. 28, 2025)
Plaintiff is an Ohio corporation that sells plastics processing equipment and maintains expertise, contacts, and relationships with people and entities in the industry Defendant TPP operates.
Even accepting these factual allegations as true, the court cannot draw a reasonable inference that when TPP involved Griffin, a third-party advising Luciano/TPP on business, tax, accounting and legal issues, it violated Section 2 of the Finder Agreement.
In Ohio, good faith “is a compact reference to an implied undertaking not to take opportunistic advantage in a way that could not have been contemplated at the time of drafting, and which therefore was not resolved explicitly by the parties.” Ed Schory & Sons, Inc. v. Soc.
In addition to outlining the services Plaintiff has the exclusive right to perform for TPP, Section 2 states, “the Company acknowledges that Finder has not made any guarantee with respect to identifying a Target or consummating any Transaction.” (Exh. A at PageID 16.)
The Wagoner court explained that while a cause of action exists for conspiracy to tortuously interfere with a contractual relationship, “the claim, however, must involve two or more nonparties conspiring to induce a party to breach his contract.
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