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Appeals court weighs disputed meeting minutes, referral commissions in Co Diagnostics v. Hukui
Summary
In oral argument the parties clashed over whether contemporaneous meeting minutes and other evidence created triable disputes about an alleged agreement on commission, unjust enrichment and intentional interference, or whether the trial court properly granted summary judgment to Co Diagnostics.
SALT LAKE CITY — The Utah Court of Appeals on Tuesday heard argument in a commercial dispute, Co Diagnostics v. Hukui, over whether meeting minutes and surrounding communications created triable issues about a promised commission, unjust enrichment and intentional interference with business relations.
The case was presented to the three-judge panel by John Van Levensals for Hukui, who argued the March 2020 conference-call minutes and related material created disputed facts for a jury about an agreed method to calculate commissions. "There is a discussion about the delta between the wholesale price and the distributor price, which we know, is a dollar," Van Levensals told the court, arguing a reasonable jury could find that the $1 difference reflected an agreed commission and thus supported contract or unjust-enrichment relief.
Mark Morris, arguing for Co Diagnostics, urged affirmance of the trial court’s summary-judgment ruling and characterized Hukui’s claim as a request for "money for nothing," saying the record shows, at best, an open matter to "further discuss" pricing rather than a binding promise. Morris told the panel the meeting minutes reflected an agreement to revisit…
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