PACKGEN v. BERRY PLASTICS CORP.

No. 16-1348.

847 F.3d 80 (2017)

PACKGEN, Plaintiff, Appellee, v. BERRY PLASTICS CORPORATION; Covalence Specialty Coatings, LLC, Defendants, Appellants.

United States Court of Appeals, First Circuit.

February 1, 2017.


Attorney(s) appearing for the Case

Jonathan M. Dunitz , with whom Taylor R. Neff and Verrill Dana LLP, Portland, ME, were on brief, for appellants.

Kurt E. Olafsen , with whom Olafsen & Butterfield LLC, Portland, ME, was on brief, for appellee.

Before Torruella, Lynch, and Lipez, Circuit Judges.


Defendants-Appellants Berry Plastics Corporation and Covalence Specialty Coatings, LLC (collectively, "Berry") appeal from a jury's award of $7.2 million in damages to Plaintiff-Appellee Packgen resulting from the failure of material Berry had supplied to Packgen. Berry contends that the district court erred by (1) denying...

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