Tokyo Ohka Kogyo America, Inc. v. Huntsman Propylene Oxide LLC
| Tokyo Ohka Kogyo America, Inc. |
| Huntsman Propylene Oxide LLC and Huntsman Corporation |
| 3:2013cv01580 |
| September 6, 2013 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Michael H. Simon |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
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Filing
59
Opinion and Order - Under the specific circumstances presented in this case, the Limitation Clause in the Huntsman General Terms fails of its essential purpose and is procedurally and substantively unconscionable; it is, therefore, unenforceable. Accordingly, TOK's motion for partial summary judgment (Dkt. 34 ) is GRANTED, and Huntsman's motion for partial summary judgment (Dkt. 33 ) is DENIED. Signed on 8/8/2014 by Judge Michael H. Simon. (mja)
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