New Jersey Appellate Division Affirms the Grant of Summary Judgment to Kasowitz Client Ticona Polymers
On September 11, 2008, the New Jersey Appellate Division affirmed the grant of summary judgment in favor of Kasowitz client Ticona Polymers, Inc. ("Ticona"). The case concerned Solutia, Inc.'s ("Solutia") claim that Ticona wrongfully terminated a nylon salt supply contract in 2002. Solutia alleged significant damages in the case, including a claim for recoupment from Ticona of up to $400 million in alleged capital expenditures Solutia supposedly made in reliance upon the contract. The trial court granted Ticona's summary judgment motion in its entirety, ruling that Ticona's conduct under the contract was proper and dismissing all of Solutia's counterclaims for breach of contract and recoupment. In affirming the trial court's ruling, the Appellate Division held that "under the undisputed facts...no reasonable jury could conclude that plaintiff's actions were motivated by bad faith." Kasowitz New York partners Paul M. O'Connor III and Seth A. Moskowitz represented Ticona in this action.