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.
164391P.pdf 02/01/2018 First Dakota National Bank v. Eco Energy, LLC
U.S. Court of Appeals Case No: 16-4391
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Benton, Author, with Shepherd and Kelly, Circuit Judges]
Civil case - Contracts. The district court did not err in determining that
Eco-Energy did not breach a sublease as that sublease did not require
Eco-Energy to give its partner in the sublease - Nedak - notice and an
opportunity to cure Nedak's default (plaintiff holds Nedak's contractual
rights against Eco-Energy); the sublease did not require notice and
opportunity to cure and it did not incorporate these requirements from the
parties' underlying marketing agreement; the court did not err in finding
for Eco-Energy on the claim for breach of assignment as plaintiff failed
to establish causation.