Appeal from the United States District Court for the Northern District of Ohio at Cleveland.
No. 1:20-cv-01898—Dan A. Polster, District Judge.
Decided and Filed: January 30, 2023
Before: GILMAN, McKEAGUE, and GRIFFIN, Circuit Judges.
_________________________
OPINION
_________________________
McKEAGUE, Circuit Judge. Plaintiff Electronic Merchant Systems LLC (“EMS”)
appeals the district court’s dismissal, for failure to state a claim, of its complaint against
Defendant Peter Gaal for breach of guaranty, unjust enrichment, and fraud. EMS argues that the
district court erred in considering outside information, not granting EMS leave to amend its
complaint, and finding that Gaal is not liable under a guaranty provision that he signed for debt
allegedly owed EMS by Gaal’s company, Procom America LLC. We AFFIRM in part and
REVERSE in part. |