Many Issues, But No Change in Result

Originally published by Richard Smith.

The Court of Appeals has affirmed a jury verdict and judgment of approximately $705,000 in a contract dispute between a medical products manufacturer and a distributor. The parties’ agreement prohibited the distributor from selling undisclosed competing products and allowed the manufacturer to terminate the agreement for cause if the distributor violated that provision. The manufacturer terminated the agreement, and the distributor filed suit. On appeal, the manufacturer argued that multiple affirmative defenses should have defeated the distributor’s claim as a matter of law, but the Court of Appeals disagreed. There was some evidence in the record that the distributor had disclosed the competing products, and a rather confusing jury question that combined breach with the defenses of prior material breach and waiver led to the manufacturer’s failure to challenge all independent grounds for the jury’s verdict. And with respect to a number of additional issues, the Court of Appeals generally held that the manufacturer had failed to present them to the trial court of preserve their arguments for appeal.

Blackstone Med., Inc. v. Phoenix Surgicals, LLC, No. 05-13-00870-CV

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