Momentive Performance Materials USA, Inc. v. Astrocosmos Metallurgical, Inc.
Plaintiff MPM Silicones, LLC (assignee of GE) sued Defendant AstroCosmos Metallurgical Inc. for various claims concerning a defective tantalum-lined weak acid reactor, including breach of a 1999 Purchase Agreement and a 2005 Replacement Agreement, fraudulent inducement, negligent misrepresentation, professional negligence, strict products liability, and breaches of implied and express warranties. AstroCosmos moved to dismiss the amended complaint. The court granted dismissal for most claims due to statute of limitations, including the breach of the Purchase Agreement, fraudulent inducement, negligent misrepresentation, professional negligence, and breaches of implied and express warranties. However, the court denied dismissal for the breach of the Replacement Agreement claim and partially denied dismissal for the strict products liability claim regarding property damage after May 25, 2004, allowing these claims to proceed.