Riegel Power Corporation Mount Vernon Mills, Inc. v. Voith Hydro Crowder Construction Company

How courts have described this case

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

• noting current trend is to uphold damage limitations even when the available remedy fails of its essential purpose
• noting in dicta that more recent cases indicate the two provisions are independent and are to be applied as such
• supplying a six-factor test to determine whether a remedy limitation failed its essential purpose
• supplying a six-factor test to determine whether a remedy limitation failed its essential purpose
• limited remedy did not fail of its essential purpose in commercially sophisticated transaction where seller made necessary repairs
• “Generally, in the commercial cases, the ‘essential purpose’ exclusion arises only where the seller has refused to make repairs as he was required or where he cannot repair the product.”

Source: CourtListener parenthetical corpus (CC0).