Becker Glynn Wins “Groundbreaking” First Circuit Appeal

The Firm serves as litigation counsel to AcBel Polytech, Inc., a Taiwanese semiconductor manufacturer, in its federal lawsuit against Fairchild Semiconductor Corp.  The case involves allegedly defective voltage regulators sold to AcBel by Fairchild’s Asian subsidiaries.  On AcBel’s behalf, the Firm raised claims for breach of the implied warranty of merchantability, among other claims.  After a two-week trial, the U.S. federal court in Boston ruled that Fairchild was liable for the actions of its Asian subsidiaries, which it had contested, but found that Fairchild had not breached the implied warranty of merchantability. On appeal, the Firm argued that the district court misconstrued Massachusetts law on breach of warranty.  The First Circuit agreed.  In a "groundbreaking" decision, it vacated the adverse judgment, and remanded the case for further proceedings.  The First Circuit also revived AcBel’s fraud claims, which the district court had dismissed on summary judgment.  Zeb Landsman argued the appeal; Richard N. Chassin, Jesse T. Conan, and William H. Newman were on the brief.