Milford Power Co v. Alstom Power, Inc.

Opinion

KATZ, J.

The dispositive issue in this appeal1 is whether the trial court, in denying a motion to dismiss, properly determined that the untimely notice of a force majeure event, issued pursuant to a provision in the commercial contract (contract) between the plaintiff, Milford Power Company, LLC, and the defendants, Alstom Power, Inc., and Black and Veatch Construction, Inc., gave rise to a justiciable controversy. We conclude that the trial court’s determination was improper and, therefore, that the court did not have jurisdiction over the plaintiffs declaratory judgment action to…