United States Eighth Circuit

In a breach of contract action, district court judgment is affirmed where: 1) any error the district court made in submitting jury instructions concerning material breach and inclusion of language relating to notice of termination was harmless as it did not affect substantial rights; and 2) the court did not abuse its discretion in declining to limit damages to foreseeable losses.

Appellate Information

• Decided 07/16/2009
• Published 07/16/2009

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, BRIGHT, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Louis A. Chaiten, argued, Jeffery D. Ubersax, Peter G. Pattakos, on the brief, Cleveland, OH, for appellant.


• For Appellees:
  
• Kyle E. Hart, argued, Kristine Kroenke, on the brief, Minneapolis, MN, for appellee.