Foley Hoag Secures Victory for Client Rhine-Tec GmbH

August 2, 2016

Foley Hoag LLP recently secured a victory on behalf of client Rhine-Tec GmbH (Rhine-Tec), following a jury trial on a breach of contract claim in Middlesex County Superior Court. 

Rhine-Tec, a German manufacturer and seller of microscopes used by ophthalmologists, signed a contract in 2008 to sell substantially all of its assets related to two products to Hightech American Industrial Laboratories, Inc. (HAI), a Massachusetts-based manufacturer of ophthalmic equipment.

As part of the agreement, Rhine-Tec was required to transfer the assets to HAI within a five-month transition period. After HAI asserted that Rhine-Tec failed to transfer all of the assets and stopped making payments, the parties signed a series of amendments and agreed to a price reduction. Rhine-Tec completed all tasks in accordance with the amendments, but HAI refused to pay the balance of the contract price. HAI once again claimed that Rhine-Tec failed to complete the asset transfer.

In 2014, HAI sued Rhine-Tec for breach of contract and sought damages for its alleged manufacturing and parts costs, as well as lost profits. Rhine-Tec counterclaimed for HAI’s failure to pay the full contract price and sought multiple damages and attorneys’ fees under Massachusetts General Law Chapter 93A (c.93A).

After a four-day trial, a jury returned a verdict in favor of Rhine-Tec, finding that Rhine-Tec did not breach the parties’ agreement. The jury also found in favor of Rhine-Tec on its counterclaim, concluding that HAI had breached the agreement and was liable to Rhine-Tec for the full balance of the contract price.  Rhine-Tec’s c.93A claim is still outstanding.

Foley Hoag attorneys Neil Austin and Michael Licker represented Rhine-Tec in the matter, with assistance from paralegal Judy Gallant.

About Foley Hoag LLP

Foley Hoag provides innovative, strategic legal services to public, private and government clients across the globe. We have premier capabilities in the life sciences, healthcare, technology, energy, professional services and private funds fields, and in cross-border disputes. The diverse backgrounds, perspectives and experiences of our lawyers and business services professionals contribute to the exceptional service we deliver to clients ranging from startups to multinational companies to sovereign states. For more information, visit or follow @FoleyHoag on Twitter.