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Enhance-It, LLC, v. American Access Technologies, Inc.

United States District Court for South Carolina
413 F. Supp. 2d 626 (2006)


Facts

Enhance-It, LLC (plaintiff) purchased ultraviolet lighting products from American Access Technologies, Inc. (AAT) (defendant). AAT told Enhance-It that it had tested a new ballast to be used in certain UV lighting for a year, with good results, and that the ballast was better than the part the ballast was replacing. However, there were problems with the ballast, and Enhance-It sued AAT, alleging breach of contract, fraud, and other claims. The district court dismissed the fraud claims, ruling that Enhance-It had not met the heightened pleading requirements of Rule 9(b) related to allegations of fraud. Enhance-It later moved to amend its lawsuit to include additional allegations and reinstate the fraud claims. Enhance-It alleged that AAT knew it had not tested the new ballast for a year and knew that the testing that was done showed that the ballasts were defective. AAT opposed the motion to amend, arguing that the addition of the new claims would be futile.

Rule of Law

Issue

Holding and Reasoning (Duffy, J.)

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