Wahlcometroflex, Inc. v. Westar Energy, Inc.

KELLY, Circuit Judge.

This case involves a dispute over the meaning and application of a liquidated damages provision under Kansas law. The district court held that Defendant Westar Energy, Inc. (Westar) did not need to establish that Plaintiff Wahlcometroflex Inc.’s (Wahlco) late delivery of equipment actually delayed Westar’s production schedule in order to recover contractual liquidated damages. Wahlcometroflex, Inc. v. Westar Energy, Inc., No. 11-4017-EFM, 2013 WL 5774846 (D.Kan. Oct. 25, 2013). We have jurisdiction over Wahlco’s appeal under 28 U.S.C. § 1291, and we affirm.

Background

Westar…