District Court, D. Massachusetts February 17, 2012, Civil Action No. 09-11380-NMG (First Choice Armor & Equipment, Inc. v. Toyobo America, Inc.)

MEMORANDUM & ORDER

GORTON, District Judge.

This action arises from allegations of breach of warranty, fraud and deceptive acts and practices related to the sale of Zylon® fiber used in the manufacture of (purportedly) bulletproof vests.

I. Factual background

Between 2000 and 2005, Toyobo Co., Ltd. (“Toyobo Co.”), a Japanese corporation, and its North American subsidiary, Toyobo America, Inc.