IceMOS Tech. Corp. v. Omron Corp.

Full Text of Court Cases
November 13, 2019
3674 Semiconductors and Related Devices
334413 Semiconductor and Related Device Manufacturing
economic damages & lost profits
breach of contract, expert testimony, economic damages & lost profits, projections, reasonable certainty, lost business value

IceMOS Tech. Corp. v. Omron Corp.
2019 U.S. Dist. LEXIS 196610, 2019 WL 5960069
Federal Court
United States District Court
Walter Bratic, Uzi Sasson, Greg Mischou (plaintiff); unknown (defendant)


In contract dispute, court says claims for lost profits and lost business value fail because, for both, plaintiff is unable to determine damages with reasonable certainty; relying solely on projections of future performance, without any proof of profit, is not enough under New York law.
IceMOS Tech. Corp. v. Omron Corp
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See Also

Plaintiff’s Projections Fail to Meet New York Test for Lost Profits or Lost Business Value

A breach of contract case in which the plaintiff asked for various types of economic damages is noteworthy for the court s extended discussion of what the plaintiff must show under New York law to make a case for lost profits. The court explained that the hurdle was particularly high for a new business or a business trying to break into a new market considering the company s lack of a financial track record. Damages must be ...