FRESENIUS MEDICAL CARE HOLDINGS, INC. v. Piccillo et al

On October 28, 2021, Fresenius Medical Care Holdings, Inc. dba Fresenius Medical Care North America (“FMCNA” or “Plaintiff”) represented by Joe Merschman of Wiggin and Dana LLP, filed a contract lawsuit against James J. Piccillo (“Piccillo”) and MIH CP Solutions, LLC (“MIH CP”) (together, “Defendants”). Plaintiff filed suit seeking compensatory relief along with prejudgment and post-judgment interest, costs, expenses, and attorneys’ fees for Defendants’ alleged failure to deliver any of the 3M masks that FMCNA ordered, in breach of their obligations and duties. This case was filed in the U.S. District Court in the District of Massachusetts with Judge Allison D. Burroughs presiding. 

In the complaint, Plaintiff alleged that, “In April 2020, FMCNA issued two purchase orders to James J. Piccillo dba MIH CP Solutions LLC. On or about April 6, 2020, FMCNA issued Purchase Order 4511025142 to James J. Piccillo dba MIH CP Solutions LLC (the “Global PO”).” “On or about April 17, 2020, FMCNA issued another purchase order, Purchase Order 4511030385, to James J. Piccillo dba MIH CP Solutions LLC (the “Hot Zone PO”).”

Plaintiff further alleged that, “Unbeknownst to FMCNA, Piccillo dba MIH CP Solutions LLC had entered into a written Joint Venture Agreement dated March 19, 2020 (the “Joint Venture”), with Jian Tam dba Made In Brooklyn Designs Inc. (“MIBD”). Upon information and belief, Piccillo assigned the Global PO to the Joint Venture, and he did so without FMCNA’s knowledge or consent.” “In breach of their obligations and duties to FMCNA, Piccillo and MIH CP failed to deliver any of the 3M masks that FMCNA had ordered.”

Plaintiff also alleged that, “In summary, FMCNA wired a total of $2,405,000.00 to Piccillo as deposits for the Global PO and Hot Zone PO. Piccillo and MIH CP failed to deliver the 3M N95 particulate respirators as required, FMCNA cancelled both purchase orders in accordance with the agreed upon Terms and Conditions, and Piccillo has failed to return all of FMCNA’s deposits. To date, FMCNA has recovered a total of only $535,000.00.”

Plaintiff lists out five claims for relief. The first two claims are against both Defendants for breach of contracts. The third claim is against only Piccillo for unjust enrichment. The fourth claim is against both Defendants for the violation of chapter 93A, and the fifth claim is also against only Piccillo for the money had and received.

In the prayer for relief, Plaintiff requested the court to award compensatory damages, reasonable attorneys’ fees, and costs pursuant to Count I and II. Plaintiff requested the court for the recovery of amounts wrongfully retained by Piccillo and/or his agents pursuant to Count III. Plaintiff requested compensatory damages, treble damages, reasonable attorneys’ fees, and costs pursuant to Count IV, and the recovery of amounts unjustly retained by Piccillo and/or his agents pursuant to Count V. Plaintiff further requested for pre-judgment interest, post-judgment interest, all reasonable costs and expenses. 

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