Deloitte asks court to throw out $172M Zimmer lawsuit

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Deloitte has filed a motion to dismiss a $172 million lawsuit filed by Zimmer Biomet, according to a Nov. 10 report from MassDevice

Zimmer Biomet filed the lawsuit in September, accusing Deloitte of mismanaging a resource planning software system. The lawsuit seeks to recoup the $94 million in fees paid to Deloitte, $15 million invoiced as Deloitte attempted to fix the errors and $72 million to cover Zimmer’s additional post-go-live costs. 

Deloitte submitted more than 10 documents to the Supreme Court of the State of New York in Manhattan on Nov. 7, including a memorandum of law and 10 exhibits.

According to the court documents, Deloitte is claiming that Zimmer Biomet did not properly notify the company of the breach of contract, and that Zimmer’s lawsuit should not hold up because private contracts between two parties is not considered “consumer-oriented” conduct. 

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