The lawsuit was thrown out due to lack of jurisdiction, but documents filed in the case of Super-Tek USA, LLC vs. O'Sullivan Industries, filed March 1 in U. S. District Court for the Northern District of Illinois, charge O'Sullivan with failing to live up to the terms of a three-year contract with the Illinois company.
As noted in the April 12 Turner Report, O'Sullivan is being sued by Out of Sight Litter Box Co., a South Carolina firm, for breach of contract.
According to the Illinois lawsuit, "On or about Oct. 24, 2005, Super Tek and O'Sullivan entered into a three-year "Take or Pay Exclusive Arrangement. Rick Walters, then Chief Financial Officer of O'Sullivan, and Michael Lewis, Managing Member of Super-Tek committed to manufacture and furnish O'Sullivan with certain minimum quantities of chair mats each year for a three-year period. Super-Tek also granted O'Sullivan the exclusive right to distribute Super-Tek manufactured chair mats in North America for the term of the agreement."
The lawsuit claims O'Sullivan Industries failed to live up to its agreement, and asks for $8,476,274.45 on one count and $311.961.98 on another.