United States Sixth Circuit

In plaintiff's suit against defendant for breach of its duty to defend and indemnify arising from antitrust lawsuits brought against plaintiff, summary judgment for defendants and dismissal of all of plaintiff's claims is affirmed as there are no allegations made against plaintiff in the antitrust complaints or amended complaints based on principles of successor liability, and the antitrust cases do not state claims that potentially or arguably fall within the purview of the asset purchase agreement duty to defend.

Appellate Information

• Decided 11/06/2009
• Published 11/06/2009

Judges

• Before McKEAGUE and WHITE, Circuit Judges, MARBLEY, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  James B. Niehaus, Frantz Ward, LLP, Cleveland, Ohio, for Appellant.  Roxann E. Henry, Howrey, LLP, Washington, D.C., for Appellees.   ON BRIEF:  James B. Niehaus, Brian E. Roof, Frantz Ward, LLP, Cleveland, Ohio, for Appellant.  Roxann E. Henry, Lisa Kimmel, Howrey, LLP, Washington, D.C., for Appellees.