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Date: 04-14-2022

Case Style:

3-J Ryan, Inc. v. Allied Flitting, L.P.

Case Number:

Judge: Not Available

Court: District Court, Harris County, Texas

Plaintiff's Attorney: Andy Landry, Tyler McGuire, and Julia Edwards

Defendant's Attorney: Mark Levine and Megan Brannigan

Description: Houston, Texas commercial litigation lawyers represented Plaintiff, which sued Defendant on a breach of warranty theory.

3-J Ryan, Inc. sued Allied Fitting, L.P. (Allied) claiming that Allied breached several warranties under the Uniform Commercial Code, including breach of an express warranty, breach of the implied warranty of merchantability, and breach of the implied warranty of fitness for particular purpose.

3-J Ryan is a Houston-based fabrication and construction company. In 2018, 3-J Ryan was awarded a contract to perform pipe fabrication work at Formosa Plastic's facility in Point Comfort, Texas. Formosa required the pipe used on the project originate from certain approved "countries of origin." Allied agreed to supply the pipe directly to 3-J Ryan pursuant to Formosa's specifications. Towards the end of the project, Allied supplied 3-J Ryan with non-conforming pipe. Consequently, 3-J Ryan incurred damages to re-do its work and replace the non-conforming pipe with conforming pipe. Allied refused to pay 3-J Ryan any costs associated with the remediation work.

At trial, 3-J Ryan argued it relied on Allied to send pipe from approved countries of origin per the specifications Allied received. Allied argued 3-J Ryan should have discovered Allied's own mistake, and contended 3-J Ryan's damages were the result of 3-J Ryan's "stupidity." The jury disagreed, awarding 3-J Ryan damages and finding Allied breached express and implied warranties for its failure to supply conforming pipe. Several 3-J Ryan employees and representatives testified at trial. Allied's corporate representative (Troy Gorrell) was present at trial, but did not take the stand.

Outcome: Plaintiff's verdict for $200,000.

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Defendant's Experts:

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