February 25, 2020: We defended a manufacturing company in a breach of contract lawsuit claiming nearly $6 million in damages as a result of the purchase of equipment. On February 25, 2020, Judge Kocoras of the Northern District of Illinois (Chicago, Illinois) granted our client’s motion to dismiss the plaintiff/purchaser’s claim for consequential damages. This motion resolved millions of dollars in claimed damages in the case. The court rejected the purchase’s attempt to get around the consequential damages waiver by claiming it was unconscionable. The court held that because both parties to the contract were “sophisticated business parties” it was holding them to the contract they both signed. A copy of the ruling is available here.
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