DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
082620P.pdf 07/16/2009 M.M. Silta, Inc. v. Cliffs Erie, L.L.C.
U.S. Court of Appeals Case No: 08-2620
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Wollman, Author, with Bright and Colloton, Circuit Judges]
Civil Case - diversity - contract. Following jury's award of damages for
breach of contract stemming from reclamation of a taconite mine, district
court did not err in submitting jury instruction concerning material breach
and inclusion of language relating to notice of termination because it did
not affect substantial rights. Argument relating to doctrine of mistake is
raised for the first time on appeal. District court did not abuse its
discretion in declining to limit damages based on Restatement (Second)
of Contracts, section 351(3) to foreseeable losses.