United States Sixth Circuit

In a California corporation's diversity suit against a Kentucky corporation with its principal place of business in Illinois, alleging breach of contract, unjust enrichment, unfair competition, tortious interference with contract, and promissory estoppel, for breaching an exclusive partnership agreement to manufacture automotive parts for plaintiff, dismissal of the complaint is affirmed as, because the economic injury suffered by plaintiff as a result of defendant's alleged direct dealings with third parties was clearly felt at its corporate headquarters, the district court did not err in holding that plaintiff's contract claim accrued "without the state" (in California) thereby triggering Michigan's borrowing statute and requiring application of California's four-year statute of limitations for written contract cases.

Appellate Information

• Decided 12/10/2009
• Published 12/10/2009

Judges

• Before:  SILER, COOK, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Timothy D. Wittlinger, Clark Hill, Detroit, Michigan, for Appellant.  Philip J. Kessler, Butzel Long, Detroit, Michigan, for Appellee.   ON BRIEF:  James E. Brenner, Cynthia M. Filipovich, Clark Hill, Detroit, Michigan, Mahesh K. Nayak, Clark Hill, Birmingham, Michigan, for Appellant.  Philip J. Kessler, Butzel Long, Detroit, Michigan, James F. Gehrke, Michael F. Smith, Butzel Long, Washington, DC, for Appellee.