Mitchell v. Coldstream Laboratories, Inc.

OPINION

COMBS, Judge:

Appellant, Timothy Mitchell, appeals from an order of the Fayette Circuit Court pursuant to Kentucky Rule(s) of Civil Procedure (CR) 12.02(f) dismissing on the pleadings his counterclaims against his former employer, Coldstream Laboratories, Inc. Mitchell contends that the court erred by prematurely concluding that he had failed to state a claim. After considering counsels’ arguments and pertinent law, we are compelled to agree. Consequently, we vacate and remand for further proceedings.

Coldstream Laboratories is a contract pharmaceutical development company and a small…