Hynix Semiconductor Manufacturing America v. Eugene Water & Electric Board

Hynix, a semiconductor manufacturing facility, entered into a contract (Power Sales Agreement) with defendant, Eugene Water & Electric Board (EWEB), to purchase all of the electricity requirements for Hynix’s Eugene facility. Hynix and its insurers (plaintiffs) subsequently brought an action for breach of contract for damages sustained by that facility during a 2007 power outage. The trial court entered a judgment of dismissal after denying plaintiffs’ motion for partial summary judgment and granting EWEB’s cross-motion for summary judgment. On appeal, plaintiffs assign error to the trial…