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FAR EAST ALUMINIUM WORKS CO. LTD. v. VIRACON, INC.

No. 21-1875.

27 F.4th 1361 (2022)

FAR EAST ALUMINIUM WORKS CO. LTD., Plaintiff-Appellant v. VIRACON, INC., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 9, 2022.

Attorney(s) appearing for the Case

Kenn Brotman , Abram I. Moore , K & L Gates, LLC, Chicago, IL, David R. Fine , K & L Gates, L.L.P., Harrisburg, PA, James D. Knudsen , Stich & Angell, Minneapolis, MN, for Plaintiff-Appellant.

Thomas Henry Boyd , Kyle R. Kroll , Joseph Michael Windler , Winthrop & Weinstine, Minneapolis, MN, for Defendant-Appellee.

Before ERICKSON, GRASZ, and STRAS, Circuit Judges.

This case serves as a reminder that contractual remedies can be limited, particularly when sophisticated commercial parties are involved. The issue here is whether a consequential-damages exclusion is enforceable in a contract for the sale of goods. The district court1 concluded that it was, and...

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