The Second Circuit appeals court recently examined the contours of New York’s economic loss rule in a dispute involving faulty actuarial services. The plaintiff health care plan provider in MVP Health Plan, Inc. v. Optuminsight, Inc., 2019 WL 1504346 (2nd Cir. 2019) sued an actuary contractor for breach of contract and negligence when the actuary …
Tag Archives: consequential damages
Limitation of Damages Clause Doesn’t Bar Trade Secrets, Copyright Claims – IL ND
A Federal district court in Illinois recently addressed the scope of a limitation of damages provision in a dispute over automotive marketing software. The developer plaintiff in Aculocity, LLC v. Force Marketing Holdings, LLC, 2019 WL 764040 (N.D. Ill. 2019), sued the marketing company defendant for breach of contract – based on the defendant’s failure …
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Economic Loss Rule Requires Reversal of $2.7M Damage Verdict In Furniture Maker’s Lawsuit- 7th Circuit
In a case that invokes Hadley v. Baxendale** – the storied British Court of Exchequer case published just three years after Moby-Dick (“Call me ‘Wikipedia’ guy?”) and is a stalwart of all first year Contracts courses across the land – the Seventh Circuit reversed a multi-million dollar judgment for a furniture maker. The plaintiff in JMB Manufacturing, Inc. v. …