Free Motion to Publish - District Court of Federal Claims - federal

Case 1:98-cv-00126-JFM

Document 842

Filed 07/08/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS : : : Plaintiff, : : v. : : UNITED STATES OF AMERICA, : : Defendant. : __________________________________________: YANKEE ATOMIC ELECTRIC COMPANY, __________________________________________

No. 98-126 C (Senior Judge Merow) Filed Electronically July 8, 2004

MOTION TO PUBLISH JUNE 28, 2004 DECISION ON FUTURE DAMAGES, PREBREACH DAMAGES AND ELECTION OF REMEDIES Plaintiff Yankee Atomic Electric Company ("Yankee Atomic") respectfully requests that the Court submit for publication its June 28, 2004 decision addressing the issues of Future Damages, Pre-Breach Damages and Election of Remedies.1 The June 28, 2004 decision provides a cogent and well-reasoned analysis of the scope of damages available in the setting of a partial contract breach ­ issues clearly governed by, but infrequently discussed in, published case law or treatise material. Moreover, the June 28 decision is of significant relevance to other spent fuel cases pending before the Court of Federal Claims, many of which are factually similar to this case. Given the publication of the decisions in Indiana Michigan v. United States, 60 Fed. Cl. 639 (2004) and Tennessee Valley Authority v. United States, 60 Fed. Cl. 665 (2004), which address many of these same issues and approach some of them differently than this Court, it is important to the development of the law, generally, and the law applicable to the spent fuel cases, specifically, that this Court's

This Motion should also be deemed applicable in Connecticut Yankee v. United States, No. 98-154C and Maine Yankee v. United States, No. 98-474C.

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Case 1:98-cv-00126-JFM

Document 842

Filed 07/08/2004

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perspective on the issues of future and pre-breach damages, as well as its decision on the applicability of the election of remedies doctrine, be available to other similarly-situated litigants. The Court's ruling makes a significant contribution to the case law in this area and should be made available to litigants generally through publication. Therefore, this motion for publication should be granted. Dated: July 8, 2004 Respectfully submitted,

s/ Jerry Stouck______________________ JERRY STOUCK Spriggs & Hollingsworth 1350 I Street, N.W., Ninth Floor Washington, D.C. 20005 (202) 898-5800 (202) 682-1639 - Fax Counsel for Plaintiff, YANKEE ATOMIC ELECTRIC COMPANY Of Counsel: Robert L. Shapiro Robert E. Johnston SPRIGGS & HOLLINGSWORTH

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Case 1:98-cv-00126-JFM

Document 842

Filed 07/08/2004

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