The following facts are from the allegations in the amended complaint.
Appellant John Novak and his company, EnviroWave, invented, developed and patented a technology to use microwave energy to process shredded tires into renewable energy, fuel, and industrial process commodities. The only existing EnviroWave Tire System was located in Ashtabula, Ohio. Sometime during 2010, the project ran out of money and was idled. The tire system continued to be stored at the Ashtabula location until May 9, 2012.
In March 2011, Richard Sloan, the CEO of appellee FWD:Power, LLC ("FWD:Power") executed an agreement with EnviroWave to purchase and license tire systems from EnviroWave. That agreement contained an arbitration clause and was for territories other than Franklin County, Ohio.
In addition to his out-of-state dealings with John Novak and EnviroWave, Sloan and FWD:Power wanted to relocate the existing tire system from Ashtabula, Ohio to Grove City, Ohio, where a large scrap tire facility was located. Sloan was also communicating with the purchasers of the existing EnviroWave Tire System, appellants known as the "Duncan Defendants" and/or appellant Enterprise 620, LLC ("E620"). In 2011, Sloan was introduced to Gary Curry. Curry is the owner of the Chestershire Group ("TCG"), the trustee for appellee, the Gary L. Curry Revocable Living Trust ("Curry Trust"), and the manager of non-party, Franklic LLC ("Franklic").
Judge(s): Gary Tyack
Jurisdiction: Ohio Court of Appeals, District 10
Related Categories: Contracts
|Court of Appeals Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Allen Boseman, Jr.||Hahn Loeser & Parks LLP|
|John Marsh||Hahn Loeser & Parks LLP|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Josef Keglewitsch||Ice Miller LLP|
|Stephen Kleinman||Ice Miller LLP|
|Edward Hubbard||Lane Alton & Horst LLC|
|Daniel Mordarski||Law Offices of Daniel R Mordarski LLC|