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Court hears contract and unjust‑enrichment dispute between Co Diagnostics and Hukui; parties contest meeting‑minutes and damages
Summary
On appeal from a summary‑judgment order, Hukui argued the March 2020 conference call and related documents created an enforceable compensation arrangement for referrals or distribution of COVID‑19 test kits. Co Diagnostics urged the court to affirm, saying the minutes reflect an unresolved pricing discussion and no basis for damages.
With that we will call the second case to order; this is the case of Co Diagnostics versus Hukui.
John Van Levensals, counsel for Hukui, argued the district court erred by granting summary judgment for Co Diagnostics. Van Levensals said the record — especially March 2020 meeting minutes and letters of authorization — showed the parties had an understanding about compensation when end customers purchased test kits directly, and that Hukui was entitled to at least a method for calculating commissions. He told the panel that, if the jury credited his evidence, the delta between distributor and wholesale pricing created an objectively measurable commission and that disputed factual inferences should be tried, not resolved on summary…
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