The case arose out of a March 27, 2007, Memorandum of Understanding (MOU) between ADA and Calgon Carbon to jointly market products for the control of mercury emissions from coal-fired power plants.
The jury found that Calgon was unable to meet the MOU, which required Calgon to pay ADA a commission on all sales of activated carbon (AC) resulting from the joint marketing efforts, with Calgon supplying the AC and ADA leading the sales effort.
The jury also found that the joint marketing effort resulted in a $55m AC contract for Calgon, which refused to pay ADA commissions on that contract. However, payment of the award is subject to appeal.
Michael Durham, president and CEO of ADA, said: “We are very pleased with the jury’s verdict. We are gratified that the jury recognized and compensated ADA for the significant value it provided in support of the joint effort with Calgon to supply AC to the Midwestern utility.”
