Cognitest Corporation, a California Corporation, and Cognitest Limited, an Israeli Corporation v. Riverside Publishing Company, a Delaware Corporation

ILANA DIAMOND ROVNER, Circuit Judge.

CogniTest Corporation and its Israeli affiliate (collectively “CogniTest”) allege that the Riverside Publishing Company (“Riverside”) breached a contract under which Riverside had agreed to distribute CogniTest’s new computer software program. CogniTest sought to recover in excess of $30 million in damages for Riverside’s breach, which its complaint characterized as “lost profits.” On Riverside’s motion, the district court dismissed the complaint, finding that CogniTest was precluded from recovering these damages by a provision in the contract limiting the…