Amazon Urges Dismissal of 2 of 4 Counts in Logistics Firm’s Breach of Contract Suit
Amazon seeks to dismiss two of the four claims in the June 23 complaint in which GSC Logistics alleged it reneged on a contract for GSC to perform supply chain services in late 2020 when COVID-19 demand for Amazon’s products…
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and services went through the roof (see 2306260005). GSC’s Count III claim for a declaration that its valid contract with Amazon was breached must be dismissed because it’s “merely duplicative” of GSC’s breach of contract claim, said Amazon’s memorandum of law Friday (docket 1:23-cv-05368) in U.S. District Court for Southern New York in Manhattan in support of the motion to dismiss. “These issues will necessarily be resolved in litigating GSC’s breach of contract claim,” it said. GSC’s request for declaratory relief and specific performance therefore “is superfluous and should be dismissed,” it said. Count IV, for a claim of promissory estoppel, “must also be dismissed as a matter of law,” it said. The existence of the written agreements between the parties, which bar any promises other than those set forth in the agreements, “is fatal to GSC’s promissory estoppel claim,” said the memorandum. GSC further fails to allege any clear and unambiguous promise made by Amazon and any reasonable and foreseeable reliance by GSC on any supposed promise by Amazon “as required to establish a claim for promissory estoppel,” it said.