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Diamondstar Ent. Holdings, LLC v. THH, LLC (2022) 641 F. Supp. 3d 849 In mid-2020, during the height of the COVID-19 pandemic, Diamondstar Entertainment
Diamondstar Ent. Holdings, LLC v. THH, LLC (2022) 641 F. Supp. 3d 849 In mid-2020, during the height of the COVID-19 pandemic, Diamondstar Entertainment Holdings, LLC ("Plaintiff) purchased disinfectant wipes from THH, LLC ("THH"), which Plaintiff planned to resell to its own customers. Plaintiff claims that the wipes were unusable, and it brings claims for breach of contract. Pursuant to the contract between Plaintiff and Defendant THH, the 10,016 containers of wipes were to be shipped to Ft. Lauderdale, Florida, on May 27 or May 28, 2020, in care of Plaintiff, for its customers. They were shipped to a warehouse in Florida that was operated by a warehouse and distribution company called J.M. Field. Once the wipes were delivered, Plaintiff discovered, through its customers, that several of the 10,016 cases of wipes received from Defendants contained mold and were unusable. Plaintiff requested a full refund of the entire shipment. Defendants refused to respond to Plaintiff's demands to rescind the agreement and return the $42,568 paid by Plaintiff for the 10,016 cases of Outlaw Brand Disinfectant Wipes. Does the Plaintiff have a valid cause of action for breach of contract against Defendant? Issue Rule Analysis Conclusion
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