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Vehicle Market Research, Inc. v. Mitchell International, Inc.

Case Summary: 09-cv-2518

On October 5, 2009, plaintiff Vehicle Market Research, Inc. filed a complaint for money damages, accounting, and declaratory relief in the United States District Court for the District of Kansas against defendant Mitchell International, Inc. The complaint alleged claims for breach of contract, breach of duty of good faith and fair dealing, and unjust enrichment arising out of plaintiff’s assertion that defendant owed it royalties under a software development contract. Defendant denied that it breached the contract and that it violated the implied covenant of good faith and fair dealing. Defendant also asked for declaratory judgment in its favor. Plaintiff and defendant filed cross-motions for summary judgment. Defendant asserted that plaintiff should be judicially estopped from recovering in this case because plaintiff’s sole shareholder, John Tagliapietra, failed to disclose the potential value of his VMR stock during the course of his personal bankruptcy proceedings, which was based on the unpaid royalties that form plaintiff’s alleged damages. The court heard oral argument and held an evidentiary hearing on the issue of judicial estoppel on May 24, 2012. On June 7, 2012, the court issued its memorandum and order granting defendant’s motion for summary judgment on the basis of judicial estoppel and denying plaintiff’s motion. The same day the court entered judgment in favor of defendant Mitchell International, Inc. and against plaintiff Vehicle Market Research, Inc.

Case Highlights

  • Complaint filed 10/05/2009 [Doc #1]
  • Answer filed 3/8/ 2010 [Doc #8]
  • Memorandum & Order granting motion to dismiss attorneys’ fees filed 8/30/2010 [Doc #29]
  • Motions for Summary Judgment file 1/17/2012 [Doc ## 83, 85]
  • Hearing on Motions 5/24/2012
  • Memorandum & Order on Motions filed 6/7/2012 [Doc #110]
  • Judgment in favor of Mitchell International, Inc. against Vehicle Market Research, Inc. filed 6/7/2012 [Doc #111]

Case-related documents, including those referenced above, are available via the Public Access to Court Electronic Records (PACER) service. For more information, visit

Vehicle Market Research, Inc. v. Mitchell International FINAL
Vehicle Market Research, Inc. v. Mitchell International, Case Number 09-2518-JAR, 5/24/2012., 1:30 p.m. (CST), Robert J. Dole Courthouse, Kansas City, KS, Judge Julie A. Robinson presiding.

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