United States Second Circuit

In an action for breach of contract based on expenses related to cargo shipped as agreed but left uncollected by its owner at the dock, judgment for plaintiff with a reduced damages award against defendant is vacated in part where the trial court's obligation was to determine whether the mitigation efforts actually chosen in those unaccustomed shoes were reasonable, not whether hindsight suggested that an objectively better choice was available.

Appellate Information

• Argued 04/17/2009
• Decided 01/08/2010
• Published 01/08/2010

Judges

• ERIC N. VITALIANO, District Judge:, Before SACK, LIVINGSTON, Circuit Judges, and VITALIANODistrict Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• James H. Hochenstein and Lissa D. Schaupp, Holland & Knight, LLP, New York, NY, for Plaintiffs-Appellants.


• For Appellees:
  
• David K. Monroe, Galland, Kharasch, Greenberg, Fellman & Swirsky, P.C., Washington D.C., Sandra Gale Behrle, Cooper, Brown & Behrle, New York, N.Y., for Defendants-Cross-Claimant-Appellee.