Client was a Cannabis manufacturer operating selling CBD who purchased distillation machinery from a manufacturer
Despite a dispute relating to the distillation levels of the machinery that were at the heart of the bargain between the parties, the manufacturer filed a lawsuit against the Client for breach of contract and quantum meruit for a payment dispute for the commercial machinery. The manufacturer also filed a construction lien on the Client’s state of the art laboratory.
We represented the Client in defending the aforementioned claims against the manufacturer and asserted Counterclaims for breach of contract, breach of express warranty, breach of implied warranty of merchantability and of implied warranty of fitness for a particular use, negligence in manufacture & workmanship, unfair and deceptive trade practices act and negligent/fraudulent misrepresentation, alleging that the main component of the machinery was defective because the distillation levels were not what was described, advertised and warranted as by the manufacturer. We requested an award for compensatory damages, consequential damages, punitive damages to deter future unfair and deceptive trade practices by the manufacturer in excess of $1,000,000.00.
After marshalling our client’s proofs and preparing the case for trial, we were able to resolve this case. After extensive negotiations, the manufacturer, who initiated suit, agreed to dismiss any and all claims against our client, released the construction lien, and paid for their legal fees and costs for the entire litigation.