Kendell Seafood Imports is suing Mark Foods, alleging it interfered with a contract it had with Chilean Sea Bass Inc.
In its suit filed in the U.S. district court for the district of Rhode Island on 10 October, Kendell Seafood alleges New York City, U.S.A.-based Mark Foods intentionally interfered with Kendell’s contractual relations with Punta Arenas, Chile-based fishing firm Chilean Sea Bass. Kendell claims the interference cost it in excess of USD 75,000 (EUR 69,000).
Kendell Seafood, which is owned by Michael DellaGrotta, said in the complaint it purchased all of the Chilean sea bass, also known as Patagonian toothfish, caught by Chilean Sea Bass Inc. from 2012 to 2020, dealing exclusively with Pedro Grimaldi as the company’s authorized agent and owner. During this time, Mark Foods attempted to procure fish from Chilean Sea Bass unsuccessfully, the suit said.
In 2021, Chilean Sea Bass sued Kendell Seafood Imports for USD 2.54 million (EUR 2.14 million), the difference between what Kendell paid – USD 3.9 million (EUR 3.3 million) – and the USD 6.4 million (EUR 5.5 million) it said was due for its 2020 catch. Kendall cited the Covid-19 pandemic as the reason for not paying the remainder due. In June 2024, it was ordered to pay more than USD 575,000 (EUR 528,000) to resolve the dispute.
In its latest suit, Kendell Seafood alleges Mark Foods interfered with its negotiations with Chilean Sea Bass and Grimaldi after Kendell came to an agreement with Chilean Sea Bass “to ameliorate the 2020 losses.”
“Mark Foods’ intentional interference with the agreement was done knowingly and with the intent to interfere with the ongoing contractual relationship between Kendell and CSB,” the suit said. “As a result of Mark Foods’ intentional interference with the agreement, Kendell has been damaged.”
Mark Foods CEO Barry Markman declined to answer questions related to the lawsuit, but in a statement, Mark Foods denied the allegations.
“Mark Foods never interfered with any contract of Kendell Seafood,” Mark Foods said in an emailed response. “While Mark Foods has not been served with Kendell Seafood’s lawsuit and lacks a clear picture of what is being alleged, we intend to vigorously fight this meritless suit.”
Mark Foods acquired Arista Industries, a New York City-based distributor of frozen seafood, in September 2023, creating an entity with around USD 800 million (EUR 745 million) in revenue on sales of approximately 100 million pounds of seafood.
