Legal Opinion
Daniel International Corporation, Cross-Appellant v. Fischbach & Moore, Inc., Cross-Appellees
Court of Appeals for the Fifth Circuit
Decided December 14, 1990No. 89-6102PublishedCited by 59 opinions
1Opinion of the Court
CLARK, Chief Judge:
These appeals come from a judgment in a diversity-based contract action which was tried to the court. Finding that the district court abused its discretion in striking this matter from its jury calendar shortly before trial commenced, we vacate the judgment and remand for trial to a jury. Because the issue is one of law likely to recur upon retrial, we also hold that the contractually stipulated profit margin was a valid liquidation of damages, not a penalty.
I
A. The Substantive Dispute
Daniel International Corporation (Daniel) was the prime contractor on a penitentiary…
2Cases cited14 opinions
- Swofford v. B & W, Inc.Court of Appeals for the Fifth Circuit · 1964
- Guadalupe Guajardo, Jr., Cross-Appellants v. W. J. Estelle, Jr., Director, Texas Department of Corrections, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1978
- Louise Parrott, Individually and in Her Official Capacity as Administratrix of the Estate of Jeffrey Parrott, Deceased v. Max v. Wilson, Etc.Court of Appeals for the Eleventh Circuit · 1983
- Henry Wade Cox v. C. H. Masland & Sons, Inc., a Corporation, and Textile Workers Union of America, Local 1882Court of Appeals for the Fifth Circuit · 1980
- United States v. Unum, Inc. And Lance W. DreyerCourt of Appeals for the Fifth Circuit · 1981
9 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Juneau v. Intel Corp.New Mexico Supreme Court · 2005
- Buchanan v. SherrillCourt of Appeals for the Tenth Circuit · 1995
- Buchanan v. SherrillCourt of Appeals for the Tenth Circuit · 1995
- EMW Women's Surgical Center v. Eric FriedlanderCourt of Appeals for the Sixth Circuit · 2020
- T G Plastics Trading Co., Inc. v. Toray Plastics (America), Inc.Court of Appeals for the First Circuit · 2014
54 more not listed; retrieve them via the Exa API.