EMD PERFORMANCE MATERIALS CORP. v. MARQUE OF BRANDS AMERICAS, LLC

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA EMD PERFORMANCE MATERIALS : CORP. : : v. : CIVIL ACTION NO. 21-3050 : MARQUE OF BRANDS AMERICAS : LLC. : McHUGH, J. January 6, 2022 MEMORANDUM The case arises out of a contract to supply ingredients for a lotion that provides a skin tan without exposure to the sun. Plaintiff EMD Performance Materials brought this action against Marque of Brands Americas to collect unpaid, past due bills. Marque disputes that any payment was late, based on what it contends was a previous course of conduct modifying the contract. It…