Legal Opinion
Triad Electric & Controls, Inc. v. Power Systems Engineering, Inc.
Court of Appeals for the Fifth Circuit
Decided August 1, 1997No. 94-20783PublishedCited by 23 opinions
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
The primary issues arising out of this Texas diversity action, concerning a construction contract dispute tried to the district court, are whether the court reversibly erred first, by allowing, after close of the evidence, the addition of a fraud counterclaim, and second, by then ruling in favor of that new claim, including awarding punitive damages of $3 million, without allowing the counterclaim defendant, Triad Electric & Controls, Inc., to defend, post-addition, against the claim. Triad, the electrical subcontractor on a construction project, appeals…
2Cases cited20 opinions
- Coker v. CokerTexas Supreme Court · 1983
- Reilly v. Rangers Management, Inc.Texas Supreme Court · 1987
- Norman v. Apache Corp.Court of Appeals for the Fifth Circuit · 1994
- R & P Enterprises v. LaGuarta, Gavrel & Kirk, Inc.Texas Supreme Court · 1980
- United States v. Bernice H. ShanbaumCourt of Appeals for the Fifth Circuit · 1994
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3Cited by23 opinions
- Chembulk Trading LLC v. Chemex Ltd., Novorossiysk Shipping Company v. Chemex Ltd., Etc.Court of Appeals for the Fifth Circuit · 2004
- South Dakota Farm Bureau, Inc. South Dakota Sheep Growers Association, Inc. Haverhals Feedlot, Inc. Sjovall Feedyard, Inc. Frank D. Brost Donald Tesch William A. Aeschlimann Spear H. Ranch, Inc. Marston Holben Marston and Marian Holben Family Trust Montana-Dakota Utilities Company Northwestern Public Service Otter Tail Power Company v. Joyce Hazeltine, in Her Official Capacity as Secretary of State of South Dakota Mark W. Barnett, in His Official Capacity as Attorney General of South Dakota, Dakota Rural Action South Dakota Resources Coalition, Intervenors State of Nebraska Everett Holstein Rudy Meduna Dan Hodges, Amicus on Behalf of the American Farm Bureau Federation Alabama Farm Bureau Federation Arkansas Farm Bureau Federation Kansas Farm Bureau Federation Kentucky Farm Bureau Federation Minnesota Farm Bureau Federation North Dakota Farm Bureau Federation Utah Farm Bureau Federation, Amicus on Behalf of South Dakota Farm Bureau, Inc. South Dakota Sheep Growers Association, Inc. Haverhals Feedlot, Inc. Sjovall Feedyard, Inc. Frank D. Brost Donald Tesch William A. Aeschlimann Spear H. Ranch, Inc. Marston Holben Marston and Marian Holben Family Trust Montana-Dakota Utilities Company Northwestern Public Service Otter Tail Power Company v. Joyce Hazeltine, in Her Official Capacity as Secretary of State of South Dakota Mark W. Barnett, in His Official Capacity as Attorney General of South Dakota, Dakota Rural Action South Dakota Resources Coalition, Intervenors Everett Holstein Rudy Meduna Dan Hodges, Amicus on Behalf of South Dakota Farm Bureau, Inc. South Dakota Sheep Growers Association, Inc. Haverhals Feedlot, Inc. Sjovall Feedyard, Inc. Frank D. Brost Donald Tesch William A. Aeschlimann, Spear H. Ranch, Inc. Marston Holben Marston and Marian Holben Family Trust, Montana-Dakota Utilities Company Northwestern Public Service Otter Tail Power Company v. Joyce Hazeltine, in Her Official Capacity as Secretary of State of South Dakota Mark W. Barnett, in His Official Capacity as Attorney General of South Dakota, Dakota Rural Action South Dakota Resources Coalition, Intervenors South Dakota Farm Bureau, Inc. South Dakota Sheep Growers Association, Inc. Haverhals Feedlot, Inc. Sjovall Feedyard, Inc. Frank D. Brost Donald Tesch William A. Aeschlimann, Spear H. Ranch, Inc. Marston Holben Marston and Marian Holben Family Trust Montana-Dakota Utilities Company Northwestern Public Service Otter Tail Power Company v. Joyce Hazeltine, in Her Official Capacity as Secretary of State of South Dakota Mark W. Barnett, in His Official Capacity as Attorney General of South Dakota, Dakota Rural Action South Dakota Resources Coalition, IntervenorsCourt of Appeals for the Eighth Circuit · 2003
- Deere & Company v. JohnsonCourt of Appeals for the Fifth Circuit · 2001
- Balfour Beatty Rail, Inc. v. Kansas City Southern Railway Co.District Court, N.D. Texas · 2016
- South Dakota Farm Bureau, Inc. v. HazeltineCourt of Appeals for the Eighth Circuit · 2003
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