Black Diamond Energy, Inc. v. Encana Oil and Gas (USA) Inc.
Annotate this CasePlaintiff-corporation brought a breach of contract action against Defendant-corporation. Defendant counterclaimed for breach of contract and breach of the covenant of good faith and fair dealing. A jury found that Plaintiff had breached the contract but awarded Defendant no damages. Plaintiff appealed. The Supreme Court affirmed, holding (1) the district court did not err in giving a breach of contract instruction or a challenged verdict form to the jury; and (2) the district court correctly exercised its discretion when its excluded Plaintiff’s expert testimony and reports and evidence involving a separate transaction between the parties.
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