In a recent decision, U.S. District Judge Matthew T. Schelp dismissed a $1 million action on account brought by the packaging company Stephen Gould Corp. against the cleaning products supplier Buckeye International. Judge Schelp, serving in the Eastern District of Missouri, addressed the plaintiff’s claim, questioning whether they pleaded sufficient facts to justify an action on account under Missouri law. Ultimately, the judge found that the plaintiff did not meet these criteria, as the claim seemed rooted in “theoretical scenarios” rather than substantiated legal grounds.
The case hinged on claims that an express contract existed due to standard purchase order terms and conditions, with Stephen Gould alleging that Buckeye owed compensation for canceled purchase orders involving pumps and trigger sprayers. A recent ruling denied the plaintiff’s motion for reconsideration, which had been filed to address a clerical oversight leading to an initial unopposed judgment in Buckeye’s favor.
For more on Judge Schelp’s reasoning and the implications of this ruling, view the full coverage here.