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BECKMAN COULTER, INC. v. JABIL CIRCUIT INC.

651387/21. Appeal No. 16297. Case No. 2022-00709.

208 A.D.3d 1126 (2022)

175 N.Y.S.3d 230

2022 NY Slip Op 05367

Beckman Coulter, Inc., Respondent, v. Jabil Circuit Inc. et al., Appellants. Jabil Inc., et al., Counterclaim Appellants, v. Beckman Coulter, Inc., et al., Counterclaim Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 29, 2022.

Attorney(s) appearing for the Case

Simpson Thacher & Bartlett LLP, New York ( Rachel S. Sparks Bradley of counsel), for appellants.

Williams Connolly LLP, New York ( Charles L. McCloud of the bar of the District of Columbia, admitted pro hac vice and Chris Edward Mendez of counsel), for respondents.

Concur—Acosta, P.J., Mazzarelli, Gesmer, González, Pitt, JJ.

The court correctly dismissed the fraud counterclaims to the extent they are premised on alleged misrepresentations. As the court found, counterclaim plaintiffs Jabil Circuit Inc. and Nypro Inc. (together, Jabil) fail to allege any actionable misrepresentations of material fact. The counterclaims do not actually allege that the historical profit/loss statements or other financial information was falsified or inaccurate. Even if the counterclaim allegation that D&B concealed...

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