Denbury Onshore, Llc and Denbury Resources Inc. N/K/A Denbury Inc. v. Apmtg Helium Llc
476 P.3d 1098 | Wyoming Supreme Court | 2020
Holding Summary
The district court properly denied Denbury's force majeure defense for most of the contract period, finding only a 36-day excusal period, and awarded APMTG over $35 million in liquidated damages for breach of the helium delivery agreement.
Denbury failed to show its non-performance was excused by a force majeure event except for a period of 36 days.
Related Cases
Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. of Tex.
Forum-selection clauses in federal contracts are enforced through §1404(a) transfer motions, not §1406(a) dismissals, and must be given controlling weight except in exceptional circumstances.
Texas Natural Resource Conservation Commission v. IT-Davy
Sovereign immunity bars a contractor's breach-of-contract suit against a state agency absent express legislative consent; neither the agency's conduct, contract terms, nor general statutes waive immunity from suit.
Martin K. Eby Construction Company, Inc. v. Dallas Area Rapid Transit
A contractor must exhaust administrative remedies established by a regional transportation authority before pursuing breach of contract claims in court, even when the authority lacks governmental immunity from suit.
General Services Commission v. Little-Tex Insulation Co.
The State does not waive sovereign immunity from breach-of-contract suits by accepting contract benefits; Chapter 2260's administrative procedure is the exclusive remedy for such claims.
United States v. Winstar Corp.
The Government's contractual promises regarding supervisory goodwill accounting treatment are enforceable despite subsequent regulatory changes, and the Government is liable for breach when Congress eliminated those accounting benefits.
Moncharsh v. Heily & Blase
An arbitrator's decision is generally not reviewable for errors of fact or law, with limited exceptions for fraud, corruption, exceeding powers, or procedural unfairness.