Medical Marketing International, Inc. v. Internazionale Medico Scientifica, Societa a Responsabilita Limitata
United States District Court for the Eastern District of Louisiana
1999 WL 311945
Medical Marketing International, Inc. (MMI) (plaintiff) contracted with Internazionale Medico Scientifica, S.r.l. (IMS) (defendant) for sales rights to mammography equipment that the FDA seized for failing to meet U.S. medical-device regulations; the parties arbitrated under the CISG, and the panel ruled for MMI. IMS opposed confirmation of the arbitral award, arguing the arbitrators ignored controlling German Supreme Court precedent on the CISG by finding IMS should have known of the FDA's requirements.
Whether, under the United Nations Convention on Contracts for the International Sale of Goods, a buyer of goods may recover damages if the seller supplies goods that do not conform to the laws and regulations of the buyer's place of business.