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SHANDONG YINGUANG CHEMICAL INDUSTRIES v. POTTER

No. 09-20268.

607 F.3d 1029 (2010)

SHANDONG YINGUANG CHEMICAL INDUSTRIES JOINT STOCK COMPANY, LTD., Plaintiff-Appellant, v. Michael POTTER, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 27, 2010.

Attorney(s) appearing for the Case

Katherine D. Mackillop, Thomas Charles Godbold, Jason Edward Williams (argued), Fulbright & Jaworski, L.L.P., Houston, TX, for Plaintiff-Appellant.

Michael Duncan (argued), Magdalaine S. Ebeade (argued), Cage, Hill & NIehaus, L.L.P., Houston, TX, for Potter.

Before JONES, Chief Judge, and SMITH and ELROD, Circuit Judges.

PER CURIAM:

Appellant Shandong Yinguang Chemical Industries Joint Stock Co., Ltd., ("Yinguang") sold explosive chemicals to Beston Chemical Corporation ("Beston"), a company wholly-owned by Appellee Michael Potter. Beston failed to make payments on two contracts and subsequently declared bankruptcy. In an effort to recover its losses, Yinguang sued Potter personally for common law fraud and fraudulent inducement, and sought to impose personal liability by piercing...

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