Pacific Controls Inc. v. Cummins Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK PACIFIC CONTROLS, INC., Plaintiff, -against- No. 19-cv-03428 (CM) CUMMINS INC., Defendant. DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR JUDGMENT ON COUNT I AND II OF PLAINTIFF’S COMPLAINT McMahon, C.J.: Plaintiff Pacific Controls Inc. (“Pacific”) has sued Defendant Cummins, Inc. (“Cummins”) for breach of contract and various common law torts. The gravamen of the complaint is Plaintiff’s assertion that Cummins made misrepresentations, causing Pacific to expend millions of dollars in order to develop…