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Yoder & Frey Auctioneers, Inc. v. Equipmentfacts, LLC

United States District Court, Sixth Circuit

August 26, 2013

YODER & FREY AUCTIONEERS, INC., Plaintiff,
v.
EQUIPMENTFACTS, LLC, Defendant.

MEMORANDUM OPINION AND ORDER

DAVID A. KATZ, District Judge.

Both sides in this case have filed memoranda regarding choice of law. The Court enters this memorandum opinion to preliminarily establish choice of law based on what the Court expects the evidence to show. The actual evidence entered may change these analyses and the Court will reconsider this ruling as necessary.

Four claims and one counterclaim remain for trial:

Plaintiffs' Claims

The plaintiffs originally brought three claims in a complaint filed in the Northern District of Ohio. They subsequently amended the complaint to include a fourth claim.

1. Computer Fraud and Abuse Act (18 U.S.C. ยง 1030)

This is a federal statute; federal law applies.

2. Fraud

Because the plaintiffs brought their claims in this Northern District of Ohio Court, the Court applies Ohio's choice of law analysis. Muncie Power Prods., Inc. v. United Techs. Auto. Inc., 328 F.3d 870, 873 (6th Cir. 2003). Ohio has adopted the Restatement on the Conflict of Laws, Morgan v. Biro Mfg. Co., Inc., 474 N.E.2d 286, 288 (Ohio 1984). Section 148, item 2 specifically addresses fraud:

(2) When the plaintiff's action in reliance took place in whole or in part in a state other than that where the false representations were made, the forum will consider such of the following contacts, among others, as may be present in the particular case in determining the state which, with respect to the particular issue, has the most significant relationship to the occurrence and the parties:
(a) the place, or places, where the plaintiff acted in reliance upon the defendant's representations,
(a)(b) the place where the plaintiff received the representations,
(a)(c) the place where the defendant made the representations,
(a)(d) the domicil, residence, nationality, place of incorporation and place of business of the parties,
(a)(e) the place where a tangible thing which is the subject of the transaction between the parties was situated at the time, and
(a)(f) the place where the plaintiff is to render performance under a contract which he has been induced to enter by the false ...

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