Flint Group Files Motion for Partial Summary Judgment on Breach of Contract Claim Against Trend Offset Printing
Flint CPS Inks North America LLC, formerly known as Flint Group North America, which is the North American subsidiary of Luxembourg-based Flint Group serving the commercial printing industry, recently filed a Motion for Partial Summary Judgment on its breach of contract claim against Trend Offset Printing Services, Inc. in the United States District Court Central District of California — Southern Division. The motion seeks a dispositive judgment for nearly $4 million in monetary damages. McDonald Hopkins PLC of Bloomfield Hills, Mich., is representing Flint Group.
This motion arises from a multi-count lawsuit filed on April 2, 2020 by Flint Group charging Trend with breach of contract, account stated, and conversion. In addition to Trend failing to pay for goods used, the allegations extend to include wrongful retention of Flint Group's property and usage of ink products in flagrant violation of Flint Group's legal rights. All of these charges remain at issue.
Headquartered in Los Alamitos, Calif., the defendant is a national printer serving magazine, catalog, direct mail and retail advertising segments, whose services include prepress, press, finishing and mail and distribution of printed materials (sale circulars and printed inserts). Flint Group and Trend entered into a Supply Agreement on or about January 1, 2016, which was later amended by a First Amendment to Supply Agreement dated August 1, 2017, under which Flint Group supplied Trend with inks, flat blankets, sleeves, fountain solutions, web conditions and press washes. Flint Group claims Trend breached the Supply Agreement by failing to pay the current balance owing on Trend's account of nearly $4 million (USD).
It is a common practice in the printing industry for major suppliers such as Flint Group to pre-position materials at customer locations and determine the amounts used on-location at agreed upon intervals for subsequent billing. Flint Group’s additional conversion claim alleges Trend continued to consume pre-positioned goods after Flint Group terminated the Supply Agreement in response to Trend’s nonpayment.
The substantive facts leading to the claims in the lawsuit pre-date the COVID-19 crisis.
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