Packgen v. BP Exploration & Production, Inc.

ORDER ON MOTION FOR SUMMARY JUDGMENT

JOHN A. WOODCOCK, JR., Chief Judge.

This diversity case arose in the wake of the well-publicized Deepwater Horizon oil spill. When the oil began to spill, Pack-gen, a Maine producer of packaging products, saw an opportunity to manufacture and sell oil containment boom. Packgen worked to negotiate a sale to BP for several months, altering its boom design based on BP’s input, and subjecting its boom to field tests and third-party assessments. Ultimately, however, Packgen was not added to BP’s list of approved vendors until after the oil had stopped spilling,…