A.T. Kearney, Inc. v. International Business Machines Corp.

A.T. Kearney, Inc. (“Kearney”), a management consulting firm with expertise in systems technology, was retained by Fred Meyer (“FM”) to develop a management information system (“MIS” or “the System”) for FM stores. The MIS devised by Kearney employed International Business Machines Corporation (“IBM”) mid-size computers. When new FM management decided the System was a failure, FM sued Kearney. The parties eventually settled. While the action was pending, Kearney brought suit against IBM in state court alleging negligence and negligent misrepresentation to itself and FM and claiming contribution and indemnity from IBM. IBM successfully petitioned for removal to federal court, where it moved for, and was *240 granted, summary judgment. Kearney timely appeals the dismissal of its negligence and contribution claims. 1 We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In 1989, FM, a retailer offering consumers the convenience of “one-stop shopping” for a wide range of goods, hired Kearney, an information systems consultant, to advise it in overhauling its computer system. FM’s then-CEO, Steve Stevens, sought with Kear-ney’s help to…