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Expert Analysis

Consequential Damages Clause At Heart Of $100M Dispute

Law360, New York (April 14, 2014, 9:57 PM EDT) -- In its March 27, 2014, opinion in Biotronik AG v. Conor Medsystems Ireland Ltd.,[1] the New York Court of Appeals ruled in a 4-3 decision that a no consequential damages clause in a distribution agreement governed by state law between a manufacturer of medical products and its distributor did not preclude the distributor from proceeding with a claim seeking $100 million in lost profit damages. The claimed damages were to compensate the distributor for the profits it allegedly lost when the manufacturer's alleged breach prevented the distributor from selling the manufacturer's product....

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