Packgen v. Berry Plastics Corp.

ORDER ON MOTION FOR SUMMARY JUDGMENT

JOHN A. WOODCOCK, JR., District Judge.

In this breach of contract case, Berry Plastics Corporation and Covalence Specialty Coatings, LLC (Berry) ■ move for summary judgment, asserting that Pack-gen has failed to prove causation and that Packgen’s claimed lost profit damages are not foreseeable as a matter of law. The Court denies Berry’s motion for' summary judgment because, viewed in the light most favorable to Packgen, there is sufficient evidence that the defective material caused the container failures and that the lost profits were foreseeable at the…