J. Lilly, LLC v. Clearspan Fabric Structures International, Inc. et al
| J. Lilly, LLC |
| Clearspan Fabric Structures International, Inc. and Storm Construction, LLC |
| 3:2018cv01104 |
| June 25, 2018 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| John Jelderks |
| Contract: Other Contract Actions |
| 28 U.S.C. ยง 1441 Petition For Removal--Other Contract |
| Both |
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Filing
63
OPINION & ORDER: The consequential damages waiver in the construction agreement is enforceable and precludes Plaintiff from recovering consequential damages from Defendant Clearspan arising out of Clearspan's alleged breach of the constru ction contract. Plaintiff has failed to produce sufficient evidence in support of its lost profits claim. For those reasons, the Court dismissesPlaintiffs lost profits claim. The Court further finds that ordering Defendants to pay Plaintiff's lo st profits claim would require Defendants to violate the Controlled Substances Act and dismisses Plaintiff's lost profits claim on that additional basis. Defendant Clearspan's motion for partial summary judgment 43 is GRANTED. Signed on 4/13/2020 by Judge Marco A. Hernandez. (jp)
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Filing
23
OPINION AND ORDER - Defendant's motion to transfer 13 is DENIED. See attached 8-page Opinion and Order. Signed on 10/2/2018 by Magistrate Judge John Jelderks. (pg)
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