DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
103713P.pdf 01/05/2012 The Weitz Company v. MacKenzie House
U.S. Court of Appeals Case No: 10-3713
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Benton, Author, with Melloy and Smith, Circuit Judges]
Civil Case - contract. District court did not err in failing to grant
judgment as a matter of law on breach of contract claim, as there was a
legally sufficient evidentiary basis for the jury's verdict; district court
properly exercised its discretion in excluding evidence of other projects;
if the Missouri Supreme Court were to address the issue today, it would
allow liquidated damages for a reasonable time after abandonment by the
contractor or termination by the owner, and the district court's award of
liquidated damages is affirmed; evidence was legally sufficient for the
jury to find for defendant Arrowhead on plaintiff's breach of contract
claim; district court did not err in denying plaintiff's motions for a default
judgment or judgment as a matter of law against Concorde.
103713P.pdf 12/08/2011 The Weitz Company v. MacKenzie House
U.S. Court of Appeals Case No: 10-3713
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Benton, Author, Melloy and Smith, Circuit Judges]
Civil cases - Contracts. There was a legally sufficient basis for the
jury's finding that plaintiff breached the contract in question; evidentiary
challenges rejected; if the Missouri Supreme Court were to address the
issue today, it would allow liquidated damages for a reasonable time after
abandonment by the contractor or termination by the owner, and the
district court's award of liquidated damages is affirmed; evidence was
legally sufficient for the jury to find for defendant Arrowhead on
plaintiff's breach-of-contract claim; district court did not err in denying
plaintiff's motions for a default judgment or judgment as a matter of law
against defendant Concorde.