Boston Helicopter Charter, Inc. v. Agusta Aviation Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• dismissing 93A claim where action was based on breach of contract and warranty claims, limited by damages limitations clause
• “[h]aving concluded that there was indeed a valid assignment of the warranty, it is clear that the plaintiff is bound by the warranty's limitations and disclaimers”
• “Having determined that the warranty had already expired at the time of the crash, it is clear that plaintiff’s claims based on express warranty are barred absent evidence that the one year durational limitation was inapplicable.”
• “Having determined that the warranty had already expired at the time of the crash, it is clear that plaintiff’s claims based on express warranty are barred absent evidence that the one year durational limitation was inapplicable.”
• in some circumstances, 93A may be a duplicative claim, and therefore, a clause excluding consequential damages can also bar a 93A claim
• waiver implied by parly’s conduct must be unequivocal and allow room for no other explanation

Source: CourtListener parenthetical corpus (CC0).