BC Metal Fabrication Inc. v. Haco NV

MEMORANDUM *

Haco NV, a Belgian manufacturer, appeals a judgment following two jury trials in favor of BC Metal Fabrication, Inc. (“BC Metal”), a sheet-metal fabrication company located in Wilsonville, Oregon. BC Metal alleged that it had purchased a defective punch press from Haco. Haco appeals from the district court’s (1) denial of its motion for directed verdict and (2) exclusion of its mitigation defense. BC Metal cross-appeals the district court’s dismissal of its fraud claim. We conclude the district court ruled correctly on each of these issues and affirm the district court.

A district court’s denial of a motion for directed verdict is reviewed de novo. Johnson v. Paradise Valley Unified Sch. Dist., 251 F.3d 1222, 1226 (9th Cir.2001). A court’s interpretation of the meaning of contract provisions is also reviewed de novo. Kassbaum v. Steppenwolf Prods., Inc., 236 F.3d 487, 490 (9th Cir.2000).

Because the parties are familiar with the facts, they will be discussed only to the extent they are relevant to the discussion below.

I.

A buyer’s remedy for breach of warranty with regard to accepted goods “is the difference at the time and place of acceptance between the value…