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Coca-Cola Bottlers' Sales & Servs. Co. LLC v. Novelis Corp.

Genuine issues of material fact remained regarding whether the defendant breached the parties' contract by providing the plaintiff's bottling competitors with a lower cost per pound for converting metal into sheet for beverage cans without also offering the plaintiff the same conversion cost.

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In this contract dispute, Coca-Cola Bottlers’ Sales & Services Company LLC “CCBSS” and Novelis Corporation “Novelis” appeal from the trial court’s rulings on cross-motions for summary judgment. In Case No. A11A0384, CCBSS appeals from the trial court’s grant of summary judgment in favor of Novelis on CCBSS’s claim for breach of contract, and in Case No. A11A0385, Novelis appeals from the trial court’s grant of summary judgment to CCBSS on Novelis’s counterclaims and affirmative defenses. We affirm in part and reverse in part in Case No. A11A0384, and we affirm in Case No. A11A0385. On appeal from the grant or denial of summary judgment, we apply a de novo standard of review. Matjoulis v. Integon Gen. Ins. , 226 Ga. App. 459 1 486 SE2d 684 1997. “The moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” Punctuation omitted. Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991. See also OCGA § 9-11-56 c.

The record reveals that in 2005, CCBSS and Novelis entered into a “Soft Toll Agreement” “STA” for aluminum can stock under which CCBSS directs its can manufacturers to purchase aluminum can sheet from Novelis for fabrication into can bodies, ends, and tabs in return for certain marketing payments.1

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