(holding that “when damage is caused by the product . . . the LPLA has precluded claims for breach of contract”); Hollybrook Cottonseed Processing, LLC, 2010 WL 892869, at *7 (observing that, “[t]o the extent Hollybrook claims damages caused by the allegedly defective equipment, its breach of contract claims are subsumed by the LPLA,” and granting the defendant's motion for summary judgment); cf. C-Innovation, LLC v. Norddeutsche Seekabelewerke GMBH, No. 10-CV-4441, 2013 WL 990026, at *6 (E.D. La. Mar. 13, 2013) (“The economic damages C-Innovation is seeking are not by virtue of an action in redhibition and are not caused by the product itself. Thus, C-Innovation may bring a claim for breach of contract based fraud, on its own or in addition to a claim under the LPLA or redhibition.”); Jack B. Harper Contractor, Inc. v. United Fiberglass of Am., Inc., No. 11-CV-20, 2012 WL 2087394, at *2 (E.D. La. June 8, 2012) (denying summary judgment due to “an issue of fact as to whether Harper's claims fall solely within the LPLA”)
Where a plaintiff does not seek damages caused by the product itself, but, rather, seeks damages based on contractual obligations beyond the scope of the express or implied warranty for redhibition, courts have found that the LPLA does not preclude such an action. See, e.g., C-Innovation LLC, 2013 WL 990026, at *6-7 (denying a motion to dismiss a fraud-based contractual claim against the manufacturer, reasoning that "[t]he economic damages C-Innovation is seeking are not by virtue of an action in redhibition and are not caused by the product itself"); Jack B. Harper Contractor, Inc. v. United Fiberglass of Am., Inc. (Harper II), No. 11-20, 2013 WL 12238500, at *2, *7 (E.D. La. Jan. 30, 2013) (noting that the jury found the manufacturer liable for breach of a contractual obligation to provide installation instructions in addition to liability under two prongs of the LPLA); Jack B. Harper Contractor, Inc. v. United Fiberglass of Am., Inc. (Harper I), No. 11-20, 2012 WL 2087394, at *2 (E.D. La. June 8, 2012) (denying summary judgment due to "an issue of fact as to whether Harper's claims fall solely within the LPLA"); Hollybrook I, 2010 WL 892869, at *7 (granting summary judgment in the defendant's favor on breach of contract claims arising from allegedly defective equipment, but denying defendant's request for summary judgment as to plaintiff's claims sounding in contract, where the contract called for providing equipment to process a certain daily capacity of cottonseed, as well as "certain engineering, repair, and training services"), accord Hollybrook II, 2010 WL 2195685, at *3 (clarifying that the court in Hollybrook I found "that the LPLA precludes Hollybrook's general breach of contract claims to the extent they seek damages caused by Carver's products") (emphasis added).To determine whether the LPLA bars a particular breach of contract cause of action, the focus is on whether the plaintiff alleges that the damage was caused by the manufacturer's product:
Where a plaintiff does not seek damages caused by the product itself, but, rather, seeks damages based on contractual obligations beyond the scope of the express or implied warranty for redhibition, courts have found that the LPLA does not preclude such an action. See, e.g., C-Innovation LLC, 2013 WL 990026, at *6-7 (denying a motion to dismiss a fraud-based contractual claim against the manufacturer, reasoning that "[t]he economic damages C-Innovation is seeking are not by virtue of an action in redhibition and are not caused by the product itself"); Jack B. Harper Contractor, Inc. v. United Fiberglass of Am., Inc. (Harper II), No. 11-20, 2013 WL 12238500, at *2, *7 (E.D. La. Jan. 30, 2013) (noting that the jury found the manufacturer liable for breach of a contractual obligation to provide installation instructions in addition to liability under two prongs of the LPLA); Jack B. Harper Contractor, Inc. v. United Fiberglass of Am., Inc. (Harper I), No. 11-20, 2012 WL 2087394, at *2 (E.D. La. June 8, 2012) (denying summary judgment due to "an issue of fact as to whether Harper's claims fall solely within the LPLA"); Hollybrook I, 2010 WL 892869, at *7 (granting summary judgment in the defendant's favor on breach of contract claims arising from allegedly defective equipment, but denying defendant's request for summary judgment as to plaintiff's claims sounding in contract, where the contract called for providing equipment to process a certain daily capacity of cottonseed, as well as "certain engineering, repair, and training services"), accord Hollybrook II, 2010 WL 2195685, at *3 (clarifying that the court in HollybrookI found "that the LPLA precludes Hollybrook's general breach of contract claims to the extent they seek damages caused by Carver's products") (emphasis added).