CABOT CORPORATION v. AVX CORPORATION


448 Mass. 629 (2007)

CABOT CORPORATION v. AVX CORPORATION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

March 28, 2007.


Attorney(s) appearing for the Case

Joseph S.U. Bodoff (Richard A. Goren with him) for the defendants.

Robert S. Frank, Jr. (Brian A. Davis with him) for the plaintiff.

Present: GREANEY, IRELAND, SPINA, COWIN, & CORDY, JJ.


CORDY, J.

AVX Corporation (AVX) manufactures capacitors for electronic products. Tantalum is an elemental metal, as rare in nature as uranium, used in the manufacture of those products. In January, 2001, AVX entered into a multi-year supply contract with Cabot Corporation (Cabot), a major supplier of tantalum powder and wire. In the years immediately preceding the contract, the tantalum market favored buyers and AVX purchased...

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