· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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