⚖ Oral Arguments, with Context

The Second Circuit hears Icon International versus Elevation Health, a dispute over COVID-19 test kits. Elevation prepaid for an order that arrived more than a month late. Icon then delivered another shipment and sued for the unpaid price. Elevation said it had not authorized that second order and had rejected both deliveries because of problems including lateness, short expiration dates and missing documentation. It wanted its earlier payment back. A jury ruled against Icon's payment claim and awarded Elevation contract and fraud damages. The trial judge refused to set the verdict aside or order a new trial. Icon will challenge whether the evidence legally permitted that result and whether opposing counsel's trial statements prejudiced the jury. Elevation will defend its verdict and seek to make Icon and another company each responsible for the full contract award, rather than separate shares, along with additional interest. The argument turns on when a buyer's actions count as acceptance or rejection, the limits on revisiting a jury's verdict, and whether the fraud award pays for a loss already covered by contract damages.

Icon International, Inc. v. Elevation Health LLC (No. 25-2640) — U.S. Court of Appeals for the Second Circuit, argued November 6, 2026.