Otos Tech Co., Ltd. v. OGK America Inc., No. 11-1078; Third Circuit; opinion by Chagares, U.S.C.J.; filed August 9, 2011. Before Judges Chagares, Jordan and Greenaway. On appeal from the District of New Jersey. [Sat below: Judge Walls.] DDS No. 11-8-3575 [7 pp.]
Plaintiffs Otos Tech. Co., Ltd., Otos Optical Co., Ltd. and Moon Young Huh filed suit in the District of New Jersey asserting claims for breach of contract, conversion, and embezzlement arising out of defendant Yale Kim’s retention of three checks worth $587,775.05. Kim asserted counterclaims for breach of contract, breach of a settlement agreement, and breach of the covenant of good faith and fair dealing. He argued that Otos wrongfully terminated him and that he retained the checks pursuant to an agreement between the parties to settle his wrongful termination.
