Astrium S.A.S. v. TRW, Inc.

MEMORANDUM *

Astrium, S.A.S. and Astrium, Ltd. (collectively Astrium) appeal the district court’s grant of summary judgment on Astrium’s tort claims against a number of subcontractors 1 after the alleged failure of solar arrays used to power telecommunications satellites. 2 Pilkington and OFC in turn appeal the summary judgments issued against them in their equitable indemnity actions against Fokker Space & Systems B.V., with whom Astrium contracted for the solar arrays. 3 Fokker appeals the district court’s denials of its motions for a good faith settlement order. We affirm.

(1) Astrium claims that the district court erred when it determined that all of Astrium’s claims against TRW and OFC were barred by California’s economic loss rule. All of those claims relate to goods which passed, in whole or in part, from OFC to Pilkington, to TRW, to Fokker, and, ultimately, to Astrium. It cannot be doubted that Astrium’s negligence claims are barred under California law. See Seely v. White Motor Co., 63 Cal.2d 9, 18 , 403 P.2d 145, 151 , 45 Cal.Rptr. 17, 23 (1965). While not quite as clear, California law also bars Astrium’s fraud claims because, even if fraud were shown, there is no…