JPD, INC. v. Chronimed Holdings, Inc.
Court of Appeals for the Sixth Circuit
1Opinion of the Court
OPINION
COOK, Circuit Judge.
In late 2005, Defendant Chronimed Holdings bought Northland Pharmacy from Plaintiff James P. DiCello. Chron-imed paid DiCello twelve million dollars up front and promised additional cash if Northland’s earnings over the next year hit a benchmark. The parties agreed to arbitrate any dispute over the “calculation” of Northland’s earnings and “all issues having a bearing on such dispute.”
When Chronimed later informed DiCello that it would not pay the added cash because Northland’s earnings failed to reach the benchmark, DiCello sued, claiming that Chronimed owed the…
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