United States Sixth Circuit

In a suit brought by plaintiff alleging that Sherwin-Williams provided it with a defective coating material for steel and aluminum siding that plaintiff manufactures, summary judgment for Sherwin-Williams is affirmed where: 1) Gentek waived any challenge to improper removal by failing to move for a remand; 2) no jurisdictional defect existed at the time of judgment; and 3) the district court did not err in awarding prejudgment interest to Sherwin-Williams on its state-law counterclaim.

Appellate Information

• Decided 06/20/2007
• Published 06/20/2007

Judges

• Before:  GUY, COLE, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Tracy S. Johnson, Calfee, Halter & Griswold, Cleveland, Ohio, for Appellant.  Robert H. Eddy, III, Gallagher, Sharp, Fulton & Norman, Cleveland, Ohio, for Appellee.   ON BRIEF:  Tracy S. Johnson, John J. Eklund, Calfee, Halter & Griswold, Cleveland, Ohio, for Appellant.   Robert H. Eddy, III, Timothy John Fitzgerald, Richard C.O. Rezie, Gallagher, Sharp, Fulton & Norman, Cleveland, Ohio, for Appellee.