Marsulex Environmental Technologies v. Selip S.P.A.

Filing 50

ORDER (memorandum filed previously as separate docket entry) Upon consideration of Defendant's second motion to dismiss, and for the reasons set forth in the accompanying memorandum (doc. 49), IT IS HEREBY ORDERED that said motion 42 is GRANTED IN PART AND DENIED IN PART. Signed by Magistrate Judge Susan E. Schwab on 3/27/2017. (ktt)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

MARSULEX ENVIRONMENTAL
TECHNOLOGIES,
Plaintiff,
v.
SELIP S.P.A.,

Defendant.

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CIVIL NO.: 1:15-CV-00269

(Chief Magistrate Judge Schwab)

ORDER
March 27, 2017

Upon consideration of Defendant’s second motion to dismiss, and for the
reasons set forth in the accompanying memorandum (doc. 49), IT IS HEREBY
ORDERED that said motion (doc. 42) is GRANTED IN PART AND DENIED
IN PART. To the extent that Selip moves to dismiss the amended complaint in its
entirety, the motion is DENIED. Provision 27 of the terms and conditions to the
parties’ Purchase Order is not an exculpatory clause; it is a limitation of liability
clause. The provision does not exempt or otherwise immunize either party from
any particular cause or causes of action. Rather, it merely limits the type of
damages that the parties can recover against one another. To the extent, however,
that Selip moves to dismiss Count I of the amended complaint, the motion is

GRANTED. Plaintiff may not recover in tort for economic losses suffered as a
result of harm or injury to property that it does now own. Thus, Count I of the
amended complaint, alleging strict liability, is DISMISSED from this action.

S/Susan E. Schwab
Susan E. Schwab
United States Chief Magistrate Judge

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