Motions To Strike Can't Nix Damages Claims: 9th Circ.

Law360, New York (August 18, 2010, 4:11 PM EDT) -- Courts cannot strike a claim for damages on the ground that the damages are precluded as a matter of law, the U.S. Court of Appeals for the Ninth Circuit has ruled in a case involving a $100 million contract dispute between baby supplies companies Whittlestone Inc. and Handi-Craft Co.

The appeals court on Tuesday reversed a 2008 ruling by Judge Saundra B. Armstrong of the U.S. District Court for the Northern District of California granting Handi-Craft's motion to strike Whittlestone's claim for lost profits.

Describing the...
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