Tokyo Ohka Kogyo America, Inc. v. Huntsman Propylene Oxide LLC

*1319OPINION AND ORDER

MICHAEL H. SIMON, District Judge.

Tokyo Ohka Kogyo America, Inc. (“TOK”) asserts a claim for breach of contract against Huntsman Propylene Oxide LLC (“Huntsman”). TOK purchased a chemical manufactured by Huntsman and alleges that Huntsman breached its agreement to notify TOK in a timely fashion if Huntsman changed its chemical manufacturing process. The parties agreed to litigate this case in phases and further agreed that “Phase 1” of the litigation would encompass only whether the limitation of Lability clause contained in Huntsman’s general terms and conditions of sale that…