Supremacy Capital Co. v. Tri-Med Finance Co.
Supremacy Capital Co. v. Tri-Med Finance Co.
Opinion of the Court
Defendant/counterclaim plaintiff TriMed Finance Company (“Tri-Med”) appeals the district court's grant of summary judgment on the basis of claim preclusion to plaintiff/counterclaim defendant Supremacy Capital Company (“Supremacy”) on Tri-Med’s counterclaims alleging breach of fiduciary duty and breach of contract (the “counterclaims”). Tri-Med argues that the district court erred because: (1) there was never a decision on the merits of Tri-Med’s counterclaims against Supremacy; (2) the doctrine of claim preclusion does not require Tri-Med to join all defendants in one action; and (3) Supremacy is not in privity with the parties from the prior actions at issue in this case.
. On appeal, Tri-Med also argued that claim preclusion should not apply in this case because an adjudication on the merits in one consolidated case may not act as res judicata to the other consolidated case. Tri-Med, however, did not raise the issue below, and, because "[a] long line of cases in this circuit strongly reinforces the principle that issues not litigated in the trial court are generally not appropriate for appellate consideration in the first instance,” we will not consider TriMed’s argument. Taft Broadcasting Co. v. United States, 929 F.2d 240, 243 (6th Cir. 1991).
Reference
- Full Case Name
- SUPREMACY CAPITAL COMPANY, Plaintiff-Counterclaim v. TRI-MED FINANCE COMPANY, Defendant-Counterclaim
- Status
- Published