143554P.pdf   06/08/2016  Lincoln Composites, Inc.  v.  Firetrace USA, LLC
   U.S. Court of Appeals Case No:  14-3554
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] Kelly, Author, with Riley, Chief Judge, and Beam, Circuit 
   Judge] 
   Civil case - Contracts. When a party files a notice of appeal while its 
   Rule 59 motion is pending, under FRAP 4(a)(4)(B)(ii), it must file an 
   amended notice of appeal when the Rule 59 motion is denied; here, while 
   Firetrace did not file an amended notice of appeal, its Amended Statement 
   of Issues and Amended Designation of Record would be construed as an 
   amended notice and were sufficient to confer jurisdiction on this court; 
   evidence was sufficient to support the jury's finding for plaintiff as a 
   reasonable jury could find Firetrace's limited remedy of repair or 
   replacement failed of its essential purpose when Firetrace was not able to 
   repair the tubing at issue in a reasonable time, thereby triggering 
   plaintiff's ability to invoke any remedies available under the U.C.C., 
   including damages; alternatively there was sufficient evidence for a 
   reasonable jury to conclude that Firetrace was on notice that plaintiff's 
   terms and conditions existed and that plaintiff intended them to bind 
   Firetrace; challenges to jury instructions rejected; damages awarded by 
   the jury were supported by the evidence, and the district court did not 
   err in rejecting Firetrace's motion for remittitur or a new trial on 
   damages.