Judge John Gleeson
Winkler brought a diversity action against Friedman, Agri-Star Meat & Poultry LLC, and SHF Industries, alleging breach of contract. Winkler contended that Agri-Star and SHF failed to compensate him for instituting programs to utilize animal products treated as waste. He also argued that Agri-Star and SHF failed to pay him sales commissions for new customers that he procured, and that they prevented him from earning agreed-upon sales commissions by undermining his attempts to procure customers. The court granted Agri-Star and SHF's motion to dismiss the action for failure to state a claim finding, among other things, that the alleged oral agreement to compensate Winkler for instituting programs to utilize animal products treated as waste is subject to the Statute of Frauds and is therefore unenforceable. The court further found unenforceable the alleged oral agreement to facilitate Winkler's procurement of customers as it is also subject to the Statute of Frauds.
