Legal Opinion

Bausch & Lomb Inc. v. Sonomed Technology, Inc.

District Court, E.D. New York

Decided January 3, 1992No. CV 87-4011 (ADS)PublishedCited by 8 opinions

1Opinion of the Court

OPINION AND ORDER

SPATT, District Judge.

This case is based on an exclusive distributorship contract involving the manufacture, distribution and sale of ophthalmic diagnostic instruments. During the term of the agreement the distributor claimed a breach of the contract by the manufacturer and then attempted to waive that claim. Among the issues in this interesting contract case is whether the original claim of a breach and the subsequent waiver was pursued in good faith; whether the attempted waiver was legally effective; whether the manufacturer thereafter breached the contract by refusing to…

2Cases cited44 opinions

  1. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  2. Simon v. Eastern Kentucky Welfare Rights OrganizationSupreme Court of the United States · 1976
  3. Walker v. SheldonNew York Court of Appeals · 1961
  4. Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
  5. Garrity v. Lyle Stuart, Inc.New York Court of Appeals · 1976

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3Cited by8 opinions

  1. Bausch & Lomb Inc. v. BresslerCourt of Appeals for the Second Circuit · 1992
  2. Pan Am Corp. v. Delta Air Lines, Inc.District Court, S.D. New York · 1994
  3. Mass Cash Register, Inc. v. Comtrex Systems Corp.District Court, D. Massachusetts · 1995
  4. Campo v. 1st Nationwide BankDistrict Court, E.D. New York · 1994
  5. Teachers Insurance & Annuity Ass'n of America v. Coaxial Communications of Central Ohio, Inc.District Court, S.D. New York · 1992

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