CNE Direct, Inc. v. Blackberry Corp., No. 15-1954 (1st Cir. 2016)
Annotate this CaseIn 2013, CNE Direct, Inc., a Massachusetts corporation that buys and resells bulk technological components, reached an agreement with the now-defunct Asset Recovery Associates Worldwide, Ltd. to purchase phone parts manufactured by BlackBerry Corporation. When Asset failed to make the parts available at the agreed-upon price, CNE sued Asset and also sought to hold BlackBerry itself liable, asserting that Asset was cloaked with both actual and apparent authority to bind BlackBerry in contract. The district court entered default judgment against Asset and summary judgment in favor of BlackBerry. The First Circuit affirmed, holding that no fact finder could rationally conclude that BlackBerry gave CNE reason to think that Asset was acting as BlackBerry’s agent in negotiating the price of the 2013 deal.
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