S-18-0679 U.S. Pipeline, Inc. (Appellee) v. Northern Natural Gas Company (Appellant)
Douglas County District Court, Judge Timothy P. Burns
Attorneys: Gregory C. Scaglione, J. Daniel Weidner, Minja Herian, Michele E. Young, Cassandra Langstaff (Koley Jessen P.C., L.L.O., for Appellant) --- Shawn Renner, Richard P. Jeffries (Cline Williams Wright Johnson & Oldfather, L.L.P.) and Barrett H. Reasoner, Ayesha Najam, Ross MacDonald (Gibbs & Bruns, LLP, Pro Hac Vice) for Appellee
Civil: Breach of contract
Proceeding Below: The trial court denied Appellant’s motion for a directed verdict and awarded judgment for Appellee on its breach of contract claims for delay and inefficiencies damages in the amount of $5,272,506.01 and for improper withholdings by Appellant in the amount for $374,729.06. The trial court also awarded judgment of Appellant in the amount of $296,270.94, dismissed Appellee’s misrepresentation/fraudulent concealment claim, dismissed Appellant’s liquidated damages counterclaim, and dismissed all other claims, counterclaims and relief sought by either party.
Issues: Whether the trial court erred 1) in awarding Appellee consequential damages on its breach of contract claim; 2) in denying Appellant’s motion for directed verdict; 3) in admitting and failing to strike the testimony of Appellee’s expert witness; and 4) in dismissing Appellant’s claim for liquidated damages.