JPD, INC. v. CHRONIMED HOLDINGS, INC.

No. 07-4427.

539 F.3d 388 (2008)

JPD, INC., d/b/a Northland Medical Pharmacy; James P. DiCello, Individually and on behalf of his minor child Nicholas DiCello; Alicia DiCello; Gina DiCello, Plaintiffs-Appellees, v. CHRONIMED HOLDINGS, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 22, 2008.


Attorney(s) appearing for the Case

ARGUED: Richard A. Cirillo, King & Spalding, New York, New York, for Appellant. James D. Curphey, Porter, Wright, Morris & Arthur, Columbus, Ohio, for Appellees. ON BRIEF: Richard A. Cirillo, King & Spalding, New York, New York, Alexander M. Andrews, Rebecca B. Jacobs, Ulmer & Berne, Columbus, Ohio, for Appellant. James D. Curphey, Kyle T. Shaw, Porter, Wright, Morris & Arthur, Columbus, Ohio, for Appellees.

Before: SUHRHEINRICH, CLAY, and COOK, Circuit Judges.


OPINION

COOK, Circuit Judge.

In late 2005, Defendant Chronimed Holdings bought Northland Pharmacy from Plaintiff James P. DiCello. Chronimed paid DiCello twelve million dollars up front and promised additional cash if Northland's earnings over the next year hit a benchmark. The parties agreed to arbitrate any dispute over the "calculation" of Northland's earnings and "all issues having a bearing on such dispute."

When Chronimed later informed DiCello...

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