Sam Hartzell Successfully Represents Gregory Packaging in Fourth Circuit Court of Appeals Dispute

The Fourth Circuit Court of Appeals issued a published opinion on Feb. 1, not only affirming a Womble Bond Dickinson trial win, but vacating the judgment in part and remanding it for a determination of whether Womble’s client, Gregory Packaging, should have won more.

Womble client Gregory Packaging, Inc., a manufacturer of juice, was originally sued for approximately $1 million in unpaid rebates to group purchasing giant Foodbuy, Inc., a subsidiary of Compass Group, the world’s largest contract food service firm.  Gregory Packaging counter-sued and, after a trial in federal court, not only did not have to pay $1 million, but won a $9.2 million judgment in its favor.

Foodbuy appealed the judgment on multiple grounds.  After oral argument, the Fourth Circuit issued a published opinion affirming the district court and Gregory Packaging’s $9.2 million win.

However, at the same time, Gregory Packaging cross-appealed, arguing that the district court should have found a violation of North Carolina’s Unfair and Deceptive Trade Practices Act and awarded treble damages as a result.  On that issue, the Fourth Circuit of Appeals vacated the district court, ordering it to consider Gregory Packaging’s originally-denied claim for Unfair and Deceptive Trade Practices “in the first instance through a fresh lens.” The district court is expected to decide on the issue later this year.

Sam Hartzell is an experienced litigator who uses his federal clerkship experience at the trial and appellate levels to help businesses resolve complex, high-stakes disputes.