HCG Platinum, LLC v. Preferred Product Placement Corp.

HOLMES, Circuit Judge.

HCG Platinum, LLC (“HCG”) and Preferred Product Placement Corporation (“PPPC”) entered into a Manufacturer’s Representative Agreement (“Marketing Agreement”), under which PPPC agreed to place HCG. products into specified retailers in exchange for a percentage of the proceeds. Shortly thereafter, HCG filed the underlying breach-of-contract action against PPPC, seeking compensatory damages for. PPPC’s alleged breaches and a declaratory judgment that HCG properly terminated the Marketing Agreement on account of these breaches. PPPC counterclaimed for breach of contract and…