Date: 11-04-2024

Case Style:

William A. Grubb b. DXP Enterprises, Inc.

Case Number: 4:129-CV-443

Judge: Joe Heaton

Court: United States District Court for the Northern District of Oklahoma (Tulsa Count)

Plaintiff's Attorney:

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Defendant's Attorney: Andrew J. Hofland, Andrew W. Reed, Christopher Dove, Christopher S. Thrutchley, David Gregory, Jeff Roderick, Rufino Gaytan, III

Description:

Tulsa, Oklahoma breach of contract lawyers represented the Plaintiff seeking a declaratory judgement.

In 2008 Plaintiff Bill Grubb signed an employment agreement with Defendant DXP Enterprises to lead the development and production of horizontal pumps. The agreement recited that the parties intended to create a new company to produce the pumps, and Grubb would own 10%. If the project became a success, Grubb had the right under the employment agreement to require DXP to buy his ownership stake at a price based on the new company’s gross revenue. The project was successful; in March 2019, Grubb gave notice to DXP that he wanted to sell his ownership stake in accordance with the agreement. But DXP informed Grubb it had never formed the new company, so there was nothing for it to purchase under the agreement. Grubb brought this action in the United States District Court for the Northern District of Oklahoma against DXP, asserting claims for breach of contract, actual and constructive fraud, conversion, breach of fiduciary duty, and unjust enrichment; and sought a declaratory judgment. After the parties filed cross-motions for summary judgment, the district court granted summary judgment in favor of DXP on all claims. Grubb appealed. After review, the Tenth Circuit found sufficient evidence of bad faith by DXP (in failing to form the new company) to support Grubb’s breach-of-contract claim but otherwise found no error in the rulings by the district court. Accordingly, the Court reversed in part the judgment below and remanded for further proceedings.

A breach of contract in Oklahoma occurs when a party fails to fulfill their obligations under a contract without a legal excuse:

Contract must be valid: The contract must be legal and both parties must be able to enter into it.

Obligations must be breached: The breaching party must fail to perform a task, act against the terms of the agreement, or not perform at all.
Other party must be injured: The injured party, or plaintiff, can seek legal remedies for their losses.

To win a breach of contract lawsuit, the plaintiff must prove the following: A valid contract exists, The plaintiff fulfilled their contractual obligations, The defendant failed to perform their contractual obligations, and The plaintiff suffered damages.
The injured party can seek damages such as actual damages, consequential damages, or punitive damages. For example, if a turkey supplier fails to deliver turkeys to a grocery store, the store owner may be entitled to special damages for lost sales.
Contracts can be written or verbal, but most business contracts are written. A written contract must be signed and dated by all parties.

DXP Enterprises, Inc. is a global industrial distributor that provides products and services to a variety of industries:

Products
DXP offers a wide range of products, including rotating equipment, bearings, power transmission, industrial supplies, safety products, and more

Services
DXP provides services such as innovative pumping solutions, supply chain services, maintenance, repair, operating, and production (MROP)
Industries
DXP serves industries such as aviation, agriculture, fabrication, construction, manufacturing, oil and gas, transportation, and more
Headquarters
DXP's headquarters are in Houston, Texas
History
DXP was founded in 1908 by Charles A. Levins as Southern Engine and Pump Company

About Us - DXP Enterprises
DXP's corporate strategy is to be the best solution for industrial customers. They work with trusted manufacturers and have a global network to meet customer needs. DXP also offers product experts to help customers select the right solution.
DXP is committed to being an equal opportunity employer and complies with all anti-discrimination laws.

Outcome: 11/04/2024 210 MOTION for Costs by William A Grubb (With attachments) (Davis, John) (Entered: 11/04/2024)
11/04/2024 211 MOTION for Attorney Fees and Brief in Support Thereof by William A Grubb (With attachments) (Davis, John) (Entered: 11/04/2024)

Plaintiff's Experts:

Defendant's Experts:

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