Legal Opinion

Biotronik A.G. v. Conor Medsystems Ireland, Ltd.

New York Court of Appeals

Decided March 27, 2014PublishedCited by 78 opinions

1Opinion of the Court

OPINION OF THE COURT

Rivera, J.

In this breach of contract action, plaintiff sought lost profits from an exclusive distribution agreement as general damages. We hold that lost profits were the direct and probable result of a *802breach of the parties’ agreement and thus constitute general damages.

L

In May 2004, plaintiff Biotronik A.G., a manufacturer and distributor of medical devices, and defendant Conor Medsystems Ireland, Ltd., the developer and manufacturer of CoStar, a drug-eluting coronary stent, entered an agreement designating plaintiff as the exclusive distributor of CoStar for a worldwide…

2Cases cited12 opinions

  1. Kenford Co. v. County of ErieNew York Court of Appeals · 1986
  2. Tractebel Energy Marketing, Inc. v. AEP Power Marketing, Inc.Court of Appeals for the Second Circuit · 2007
  3. Kenford Co. v. County of ErieNew York Court of Appeals · 1989
  4. American List Corp. v. U.S. News & World Report, Inc.New York Court of Appeals · 1989
  5. Wilson Trading Corp. v. David Ferguson, Ltd.New York Court of Appeals · 1968

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3Cited by78 opinions

  1. Nomura Home Equity Loan, Inc. v. Nomura Credit & Capital, Inc.Court for the Trial of Impeachments and Correction of Errors · 2017
  2. Process America, Inc. v. Cynergy Holdings, LLCCourt of Appeals for the Second Circuit · 2016
  3. SOLIDFX, LLC v. Jeppesen Sanderson, Inc.Court of Appeals for the Tenth Circuit · 2016
  4. Stern Oil Co. v. BrownSouth Dakota Supreme Court · 2018
  5. Holland Loader Co. v. Flsmidth A/SDistrict Court, S.D. Illinois · 2018

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