Biotronik A.G. v. Conor Medsystems Ireland, Ltd. – Toeing the fine line between general and consequential damages

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Abstract: This article discusses a recent case in which the distinction between general and consequential damages was at stake. The issue was whether the plaintiff’s alleged lost profits were general damages, which could be recovered, or consequential damages, which could not. The decision shows that contracting parties should expressly spell this out in the contract to minimize disputes over how to properly categorize losses in any future breach-of-contract litigation. Biotronik A.G. v. Conor Medsystems Ireland, Ltd., 2014 NY Slip Op 02101 (N.Y. 3/27/14)