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ERGOWERX INTERN., LLC v. MAXELL CORP. OF AMERICA

No. 13 Civ. 5633(PAE).

18 F.Supp.3d 430 (2014)

ERGOWERX INTERNATIONAL, LLC d/b/a/ Smartfish Technologies, LLC, Plaintiff, v. MAXELL CORPORATION OF AMERICA, Defendant.

United States District Court, S.D. New York.

Signed April 23, 2014.

Attorney(s) appearing for the Case

Jay Philip Nelkin, Nelkin & Nelkin, P.C., Houston, TX, for Plaintiff.

Hilary Lovett Preston, Temilola Oluwatosin Sobowale, Vinson & Elkins L.L.P., New York, NY, Nickou Oskoui, Scott W. Breedlove, Vinson & Elkins L.L.P., Dallas, TX, for Defendant.

OPINION & ORDER

PAUL A. ENGELMAYER, District Judge:

This lawsuit involves claims, including breach of contract, brought by a manufacturer of ergonomic computer keyboards and mice against its distribution agent. The plaintiff, Ergowerx International, LLC, doing business as Smartfish Technologies, LLC ("Smartfish"), asserts 13 claims against distribution agent Maxell Corporation of America ("Maxell"). In addition to (1) breach of contract; these...

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