Norfolk Southern Railway Co. v. Basell USA Inc.

How courts have described this case

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

• holding that a reasonable factfinder could conclude that the first Restatement factor favors finding that a breach is material when the breach causes a party to lose a benefit it specifically sought to secure through the contract
• explaining that this hardship factor should not favor a finding that a breach is immaterial when the breaching party caused its own hardship
• holding when the factual record is developed and the issues are purely legal an appellate court can exercise plenary review
• federal courts sitting in diversity resolve questions of state law by predicting how the highest court of the state would decide the issue
• applying Delaware law to a breach of contract case
• identifying sources from which court discerns state substantive law

Source: CourtListener parenthetical corpus (CC0).