· 12/16/2008
Montaño Díaz v. Junta de Libertad Bajo Palabra
Citations
- 14 T.C.A. 776
- 2009 DTA 22
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the Government “lost” a claim for excessive reproeurement costs by conducting an unreasonable reproeurement, but nonetheless allowing the Government to assert a separate claim for damages based on common law breach of contract
- “The [excess reproeurement] award is ... conditioned upon proof of a reproeurement action reasonably designed to minimize the excess costs.”
- “The ... denial of [the Government’s claim for] excess [reproeurement] costs ... left the [Government free to bring [a] suit for damages for breach of contract.”
- “When the reproeurement relied upon by the Government is found, for a sufficient reason, not to have been [reasonably] designed, it may not be the basis for an award, and the right to excess costs is lost.” (emphasis added)
Source: CourtListener parenthetical corpus (CC0).
Judges: Apelaciones, Por, Presidenta, Rodríguez, Vélez
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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