ELECTRONIC MERCHANT SYSTEMS LLC v. PETER GAAL - Articles

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ELECTRONIC MERCHANT SYSTEMS LLC v. PETER GAAL

Posted by: Karen Belcher on Jan 30, 2023

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Egon P. Singerman, EGON P. SINGERMAN, ATTORNEY AT LAW, Solon, Ohio, Hunter G. Cavell, CAVELL LAW, LLC, Solon, Ohio, for Appellant.

Attorneys 2: ON BRIEF: Alexander J. Durst, THE DURST LAW FIRM, Cincinnati, Ohio, for Appellee.

Judge(s): GILMAN, McKEAGUE, and GRIFFIN, Circuit Judges

Court Appealed: United States District Court for the Northern District of Ohio at Cleveland

McKEAGUE, Circuit Judge. Plaintiff Electronic Merchant Systems LLC (“EMS”) appeals the district court’s dismissal, for failure to state a claim, of its complaint against Defendant Peter Gaal for breach of guaranty, unjust enrichment, and fraud. EMS argues that the district court erred in considering outside information, not granting EMS leave to amend its complaint, and finding that Gaal is not liable under a guaranty provision that he signed for debt allegedly owed EMS by Gaal’s company, Procom America LLC. We AFFIRM in part and REVERSE in part.

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