Becerra Law, P. A . Won An Appeal Before The United States Court Of Appeals For The Fifth Circuit Regarding A Final Judgment It Had Obtained In Favor Of Its Client, A Chinese Exporter
Becerra Law, P.A. won an appeal before the United States Court of Appeals for the Fifth Circuit regarding a final judgment it had obtained in favor of its client, a Chinese exporter of computer tablets, against a U.S. distributor in Texas for breach of contract under the U.N. Convention on Contracts for the International Sales of Goods (CISG). Becerra Law, P.A. had obtained final judgment in its client’s favor in the federal court in the Eastern District of Texas after a bench trial. The Court at trial had found that the U.S. distributor breached its contract with the Chinese exporter by repudiating an order for 10,000 tablets because of the receipt by the U.S. distributor of purported non-conforming tablets from a previous order. The Court at trial found the U.S. distributor did not prove the tablets were non-conforming, and in any event, notice of non-conforming tablets was untimely. The Court therefore rejected the U.S. distributor’s counterclaim against Becerra Law’s client. The Defendant distributor appealed the adverse final judgment, and the appeal was decided in the Chinese exporter’s favor on July 18, 2023. The opinion of the Court was published and can be found at 2023 U.S. App. LEXIS 18238 (5th Cir. July 18, 2023) and Fifth Circuit Case No. 22-40440.