United States Sixth Circuit

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Servo Kinetics, Inc. v. Tokyo Precision Instruments Co. Ltd., 05-2741

In a contractual dispute between companies involved in the business of servo valves, summary judgment for defendants is reversed in part where: 1) a reasonable jury could find in favor of plaintiff on both questions of fact that determine the existence of "good reason" for termination of an agreement under Japanese law; and 2) under Michigan law, a reasonable jury could find that defendant was a mere instrumentality its parent for veil-piercing liability and such liability would exist if a jury found defendant breached the contract. 3) because a jury could find for defendant on the issue of breach of contract, a jury could find for defendant-parent company on a veil-piercing claim.

Appellate Information

  • Decided 01/30/2007
  • Published 01/30/2007

Judges

  • Before CLAY and SUTTON, Circuit Judges;  SHARP, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Allyn D. Kantor, Miller, Canfield, Paddock & Stone, Ann Arbor, Michigan, for Appellant.  Kevin M. Kearney, Hodgson Russ LLP, Buffalo, New York, for Appellees.   ON BRIEF:  Allyn D. Kantor, Mark T. Boonstra, Marta A. Manildi, Miller, Canfield, Paddock & Stone, Ann Arbor, Michigan, for Appellant.  Kevin M. Kearney, Hodgson Russ LLP, Buffalo, New York, Edward H. Pappas, Dickinson Wright, PLLC, Bloomfield Hills, Michigan, Brian M. Akkashian, Dickinson Wright, PLLC, Detroit, Michigan, for Appellees.