8th Circuit Reinstates Chinese Shipper's Claim for Payment

ST. LOUIS - The 8th Circuit Court of Appeals has reinstated a breach-of-contract claim by a Chinese dairy that prevailed on claims accusing it of shipping mold-contaminated dietary fiber extract, opening the way for the company to recover some of the $1.4 million sought from the U.S. importer. Dingxi Longhai Dairy Ltd. v. Becwood Technology Group LLC, No. 10-2612 (8th Cir.).

The Circuit Court noted in its Feb. 17 per curiam opinion that it is unlikely Dingxi Longhai Dairy Ltd. will recover the full contract price given that two of the four shipments to Becwood Technology Group LLC, a yogurt …