United States Tenth Circuit

In a case involving an employee's claims for consequential damages flowing from Northrop Grumman's breach of a contract to pay his relocation expenses to New Mexico, a decision on remand granting plaintiff three consequential damages awards and denying various others is affirmed in part, but reversed in part and remanded where: 1) reconsideration was required of a claim for damages for the lack of a mortgage interest deduction on his tax returns for a certain period; 2) plaintiff was entitled to lost earnings on his stock funds, which he withdrew from his retirement account to fund the move; 3) a remand was required for a claim of prejudgment interest on an award for lost equity; and 4) denial of a "gross up" to offset the taxes on the award was clear error and a remand was required for the claim.

Appellate Information

• Decided 08/28/2007
• Published 08/29/2007

Judges

• SEYMOUR, Circuit Judge., Before MURPHY, SEYMOUR, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Alexander A. Wold, Jr., of Alexander Wold & Associates, P.C., Albuquerque, NM, for Plaintiff-Appellant.


• For Appellees:
  
• Edward Ricco (Scott D. Gordon with him on the brief), of Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM, for Defendant-Appellee.