Auburn Sales, Inc. v. Cypros Trading & Shipping, Inc., No. 17-2501 (6th Cir. 2018)Annotate this Case
Auburn bought Chrysler parts for resale to Cypros, which then sold those parts to customers in the Middle East. The FBI raided Cypros’ warehouse and charged its president, Kilani, with trafficking in counterfeit goods. Unbeknownst to Auburn, Kilani had been obtaining counterfeit parts, mixing them with the legitimate Chrysler parts received from Auburn, and selling the commingled parts to customers. When Chrysler learned of the scheme, it terminated its relationship with Auburn. Auburn brought tortious interference claims and a breach of contract claim against Cypros that the district court dismissed, stating that Cypros did not specifically intend to interfere with Auburn’s relationship with Chrysler and that Cypros and Auburn did not have a written contract. The Sixth Circuit affirmed, holding that Michigan tortious interference law requires the specific intent to interfere with a business relationship and that the Michigan statute of frauds applied.