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· 8/14/2002

Energy Capital Corp. (As General Partner of Energy Capital Partners Limited Partnership) v. United States

Citations

  • 302 F.3d 1314
  • 2002 U.S. App. LEXIS 16447
  • 2002 WL 1868983

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • instructing that plaintiff must prove causation by a preponderance of the evidence to recover expectancy damages in a breach of contract claim
  • noting that the trial court refused to find an adverse inference because the witnesses were equally available to both parties
  • noting that “anticipated net cash flows ... are ... discounted to present value to account for both: (i) the time value of money; and (ii) business and financial risks”
  • noting that “anticipated net cash flows . . . are . . . discounted to present value to account for both: (i) the time value of money; and (ii) business and financial risks”
  • affirming damage award for breached agreement for lender to provide loans without evidence of which loans would have been made
  • affirming the recovery of profits lost as to loans that the plaintiff would have made to third parties but for the breach involved

Source: CourtListener parenthetical corpus (CC0).

Judges: Clevenger, Schall, Linn

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.